Can I file criminal charges of fraudulent conveyance in an estate dispute where a benefactor moved assets outside the estate

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A specified a 50% division of the assets and the other benefactor moved the assets into a joint bank account which he claims is outside of the estate and thereby do not need to be split. The deceased was elderly and had a record of mental incapacity at the time. I am seeking not only to contest the will but want justice with respect to the orchestrated plan to defraud. Finally, in addition to criminal fraud charges is a civil case called for.

Attorney Answers

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James Frederick ·
This would not be considered a fraudulent conveyance. You might be able to have the transfer(s) overturned, but this is not fraud. You do not get to decide if something is a crime or not, in the first place. Only the county prosecutor would be able to do that. My guess is they will see this as a civil matter and so there will not be any criminal charges filed. As for the civil matter, your opinion of the transferor's mental capacity is not going to win the day. You would need to PROVE that at the time the transfer(s) were made, that the grantor did not know what he/she was doing. That can be next to impossible to do. You need to gather any and all evidence you have and meet with a very skilled probate litigation attorney, as soon as possible. You do not say when the transfers were made. You may have statute of limitations problems, as well. This does not mean that you cannot win the case. It means that the odds are greatly stacked against you. An outstanding attorney and a huge pile of evidence would be of great assistance to you. James Frederick
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Eric Jerome GoldTrusts AttorneyCalabasas, CACA licensed ·
My colleague is corrent, this is not a fraudulent conveyance issue. You need to review the circumstances of how the money was moved and from what type of account. As for criminal charges, you should consult with a local probate litigator to review all of your facts and circumstances. Once you have reviewed everything, you'll have a better idea of what transpired and whether any of the transfers were inappropriate. If they were, you could contact the authorities, but they will likely tell you this is a civil matter. Good luck.
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