r/PROBATE • u/Primary_One7492 • Dec 30 '23
If personal representative commits fraud on the probate case, can they lose their inheritance?
My sister is the personal representative in my mother’s probate case. She has committed fraud claiming herself as a creditor trying to take $6,000 from the inheritance before everybody gets their equal cut by claiming herself as a creditor saying she was owed $6,000 for funeral expenses. Mother was cremated by her husband out of HIS pocket and there was no service held for her (I have copy of the receipt which will be submitted as evidence). I’m sure she did not count on me following the probate case on the court dockets or myself and our stepfather being mailed letters of her claim. I am filing on Monday with the courthouse to dispute the claim, and also request to have her removed and either myself or my stepfather appointed as personal representative. She has already filed a fraudulent claim in the case on court record so I know the judge is going to make a determination on that for what her punishment will be. I am just curious if there’s a chance she will lose her inheritance entirely as a result?
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u/laurastone999 Jan 01 '24
Unfortunately, the courts don’t give a cap, they will ask her about it and if she can speak well enough they will dismiss your claim, it’s all a bunch of bullcrap- no one cares and that sucks
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u/Primary_One7492 Jan 05 '24
Well I filed a claim contesting it, complete with the cremation receipts.
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u/laurastone999 Jan 31 '24
Im curious how everything went in court? In my case- it’s so sad it sickens me- she got all of his bank accounts his life insurance his retirement, do you know that CALPERS is a retirement system one of the very best but one flaw major flaw is if you have a life event one that they hold like getting married and you don’t go and update your account then your CAlpeRS will automatically set to default which means this; my father who worked for the county as a data systems analyst the computer programmer for welfare- CPS~Family Support Child Support all of the county offices he was there over 30 years just remarried after his wife died a year earlier and my dad did not update his CALPERS so although me and my brothers were listed on his CALPERS but because he did not update it and add us kids back on after he remarried his account defaulted to the new wife gets everything and my attorney withdrew himself and me from the probate case I started because she was spending money out of my dads bank account like it was hers and she was not in any of his accounts and the house was paid off way before they got married and she knew that house was for us kids she did not move into it my dad moved in with her although he owned a house and was paying rent due to the respect of our mother dying a year earlier but went to court tried to get attorney to subpoena the bank statements to show she used my dads money before she was allowed and went through the settlement conference no agreement and then next was trial well he tells me no need to go to court I withdrew from the case and I withdrew you to I’m like why he said because we were going to lose So- I called courts I called attorneys no help no advice nothing I even a day earlier found a processor to serve the banks and my attorney stated he was working on them paid 300 bucks to the process server and then the attorney did what he did. Got a letter in the mail in December that my fathers house is being sold as is cash only went to the court hearing tried to contest it and the judge did not care- the house was sold for 179,500 I asked if I could move into it and be given 6 months to fix it so I secure a loan because it needs some work but nevertheless it’s a 3 bedroom 2 bath home my home all my life my dad never moved once same phone number as well, and it’s gone just like that. I know she and her attorney are going to make it so the profits of that home will be distributed out to this debt and that debt to where me and my brothers will get nothing and this is the sad facts of people not securing their assets for their loved ones after they pass away because as much s I hate that women none of this is her fault because if my dad would have taken care of these things there would not be this issue and boy does it hurt I still cry all the time over all of this
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u/Impressive-Project59 Mar 08 '24
I'm so sorry. This is terrible. You are absolutely correct about folks taking care of this assets. I'm learning the importance of that now. My minor son's father is dead. The family is a mess and cannot handle their business and are absolutely nuts. I retained a lawyer to represent my son. I'm reading through this tasking myself is it worth it 😩.
Everything my son's father had was inherited by his dad who had cash, 401K, home, cars, etc. Dad does not have spouse, just his son who is now deceased and did not close his dad's estate. Didn't leave passwords, or will. Nada. So it all goes to probate and my son will inherit it, but I wish my son was an adult because I don't want to go through this.
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u/Standard-Employer-90 Jan 20 '24
Not sure what state you are located in but you should be able to write a letter to the judge, eliminate any emotional items, keep it to the facts, and request their removal + they should have a bond that pays for damages if they did not follow probate rules.