Inheritance Theft Statute Limitations

Summary

In Pennsylvania, the statute of limitations for inheritance theft is generally two years, but can vary based on specifics such as when the theft was discovered, the relationship between the parties, and the nature of the theft. Theft by deception is a serious offense, with penalties varying based on the value of the property stolen. To prove theft by deception, evidence of the deceptive act and its impact is required. The severity of theft charges can depend on the value of the stolen property. A civil lawsuit may be necessary to recover stolen inheritance. Theft by deception over $2000 is a felony with potential jail time and fines. If the alleged thief used the funds for personal gain, it could strengthen the case. Tracing the funds could be crucial for the case. Financial records can be crucial in proving theft by deception. A lawyer can help navigate the legal process, including obtaining necessary financial records. Legal malpractice can be pursued if a lawyer knowingly participated in fraudulent activities. If

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what are the specifics
The specifics could include when the theft was discovered, the relationship between the parties involved, and the nature of the theft.
the nature of theft was deception
What is your relationship with the deceased and when did you discover the theft? In Pennsylvania, theft by deception is a serious offense with penalties varying based on the value of the property stolen.
father and recently
Can you provide more details about the deception involved in the theft?

In Pennsylvania, theft by deception involves:
- Creating or reinforcing a false impression about law, value, intention or other state of mind.
- Preventing another from acquiring information which would affect their judgment.
made to believe that my brother and I weren’t entitled to any money
What evidence do you have to support your claim of deception? In Pennsylvania, proving theft by deception requires evidence of the deceptive act and its impact.
i have a list of the money she received after his death and from the community
What is the total value of the money received? In Pennsylvania, the severity of theft charges can depend on the value of the stolen property.
she received about $*,* from the community and $*,* from insurance
What actions have you taken so far regarding this matter? In Pennsylvania, you may need to file a civil lawsuit to recover stolen inheritance.
gathering evidence
What kind of evidence are you gathering? In Pennsylvania, evidence can include documents, witness testimonies, or any other proof supporting your claim.
Witness testimony, proof of community fundraising, contacting the people she sold my dads truck and quad to
What is your relationship with the person who allegedly deceived you? In Pennsylvania, theft by deception over $* is a felony with potential jail time and fines.
mother
What actions has your mother taken after receiving the money? In Pennsylvania, if she used the funds for personal gain, it could strengthen your case.
she redid the kitchen and floors on the second floor
What evidence do you have that the money used for the renovations came from the inheritance? In Pennsylvania, tracing the funds could be crucial for your case.
we didn’t have the money before my dad died to do this, it was an unnecessary renovation
What other financial records do you have to support this claim? In Pennsylvania, financial records can be crucial in proving theft by deception.
not much other than that, she hides a lot of that information and locks it away
Do you have access to any bank statements or financial documents that could show a sudden increase in funds after your father's death?
if I had access to her bank records I’m sure it would show that
In Pennsylvania, obtaining someone else's bank records without their consent could be considered a violation of privacy laws. Have you considered seeking legal advice to obtain these records lawfully?
i have
That's a good step. In Pennsylvania, a lawyer can help you navigate the legal process, including obtaining necessary financial records. Would you like assistance finding a lawyer near you?
yes
Sure, I can help with that. Can you please provide me with your zip code so I can find a lawyer near you?
since he passed about five years ago, is there still a case or a chance of getting the inheritance back for my brother and I?
In Pennsylvania, the statute of limitations for inheritance theft is generally two years. However, exceptions may apply if the theft was discovered recently. Consult a lawyer for precise advice.
What if she used a lawyer to help take our inheritance
If she used a lawyer, it could complicate the case. Did the lawyer know about the deception?
not sure, but under PA law he should’ve know that my brother and I are apart of the inheritance
Did the lawyer provide any legal documents or correspondences that could indicate his knowledge of your entitlement to the inheritance? In Pennsylvania, lawyers have a duty to act in good faith and in the best interests of their clients.
I have no idea who she used, she won’t say
Do you have any written communication or documents that might indicate the involvement of a lawyer in this matter? In Pennsylvania, legal malpractice can be pursued if a lawyer knowingly participated in fraudulent activities.
i could probably find paperwork that should she has a lawyer, she has verbally said she has one
What is the nature of the paperwork that you could find? It could be crucial in establishing the involvement of a lawyer in this matter.
not sure if I could legally, she did mention he was expensive
What is the name of the lawyer she mentioned? In Pennsylvania, you can check a lawyer's standing with the state bar association.
she hasn’t mentioned any names, she wants to keep that hidden
If you can't get the lawyer's name, you may want to consult with your own attorney. They can help you navigate this complex situation and potentially uncover necessary information.
Is she entitled to his full retirement fund
In Pennsylvania, if there's no will, the surviving spouse is usually entitled to the first $*,* of the estate plus half of the remaining estate. The rest goes to the deceased's children.
do we get some of the proceeds if she sells the house
In Pennsylvania, if the house was owned jointly by your parents, your mother has the right to sell it. However, if it was solely in your father's name, you may be entitled to a portion.
the house was joint owned, when she sells house are we entitled to any of the money
In Pennsylvania, if the house was jointly owned, your mother can sell it and keep the proceeds. However, she may have a moral obligation to share it with you and your brother.
she has no morals and is selfish
Have you considered seeking legal advice to understand your rights and potential legal recourse in this situation?
Is my dads retirement account included in the inheritance
In Pennsylvania, if your father didn't designate a beneficiary or if the beneficiary predeceased him, the retirement account could become part of the probate estate.
not sure if he had a beneficiary since he didn’t have a will
In Pennsylvania, if there's no designated beneficiary for a retirement account, it typically becomes part of the probate estate and is distributed according to intestacy laws.
How can I find out if there was a beneficiary on his retirement account?
You can contact the retirement account provider directly. They may require proof of death and your relationship to the deceased.
Is it apart of the deception that my mom has all the information but has keeper it hidden and or lied about it
In Pennsylvania, withholding or misrepresenting information about an estate can be considered deceptive. Have you tried discussing this with a legal professional?
What about selling some of my dad’s property behind our back
What type of property did she sell and did she have the legal right to sell it? In Pennsylvania, if the property was jointly owned, she may have the right to sell it.
she sold his truck which I think he had sole ownership of and his utility quad
In Pennsylvania, if the property was solely owned by your father, she may not have had the right to sell it without going through probate. Do you have proof of sole ownership?
can I look up his old truck title?
In Pennsylvania, you can request a duplicate title from PennDOT. However, you'll need the Vehicle Identification Number (VIN) and other details. It's best to consult with a lawyer for this process.