Q: Can I go after step sister for embezzlement from step mother stealing my trust fund in 2013
she gave my trust to step daughter and grandson forged my name on it.
A:
I would consult a criminal defense attorney before filing embezzlement case against another person. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).
Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or legal and tax advice. For specific advice please consult your legal counsel.
A:
There two answers to this question. The word "embezzlement" means that a crime has been committed. If you want the person who stole the money to go to jail, then you go to the District Attorney in your county and file a complaint. Their job is to investigate your claim and then either have the person arrested, or tell you the case is too weak to prosecute. Once it goes into the criminal court system, you have no more control over it. You may be called as a witness, but you cannot control the case. Is your goal to try to have your step-sister and step-mother go to jail, or is your goal to get the money back? In the criminal court the judge could order "restitution" which means return of the money, but there is no guarantee the judge will order this. The primary goal of the criminal court is punishment for a crime.
On the other hand you may have a civil suit, that is a lawsuit in the civil court which is different from the criminal court. In the civil court if you win, you can collect damages, which means the judge could order the money returned. But there are time limits to file your lawsuit, so you need to move fast on this. You state you had a "trust fund." That could mean that it was a bank account with your name on it, or it could be a written trust document actually signed by someone who set up a trust. That will make a difference as to what type of lawsuit is filed. I recommend you talk to an estate litigation attorney to get specific advice on this. A litigation attorney is an attorney who goes to court. Not all estate attorneys go to court. Start calling estate attorneys and ask before you make the appointment whether the attorneys go to court. Don't wait.
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