What happens if a non beneficiary takes something from an estate?
What happens if a non beneficiary takes something from an estate?
When a non-beneficiary takes something from an estate, the person is taking property that isn't his. As such, it's theft. Whether he intends to keep it or resell it, the fact remains: if he hasn't been given permission to take it, and he does, he's stolen it.
The issue of intent is one lawyers will often look at when determining whether someone has committed theft. If the person took something from the estate with the intention of returning it eventually, but then changed his mind and sold it instead, the law would view this as a theft.
But if he took something from an estate with the intention of selling it for more than it was worth (in other words, taking advantage of the situation), he's probably committed a different kind of crime altogether-- perhaps fraud or deception--depending on what exactly happened when he sold it and to whom.
If someone who is not a beneficiary of a will or trust takes something from an estate, they may become a "fiduciary" and lose all rights to that item. A fiduciary is someone who is given the task of managing an estate or trust, and their rights in the property are limited. If you take something from an estate, you can be liable for all of the debts of the estate and have no right to keep what you took.
If you have any questions or in need an Estate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
Parklin Law - Estate Planning
5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699
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Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
