New Kensington, PA asked in Criminal Law, Family Law, Real Estate Law and Federal Crimes for Virginia

Q: VA Intestate Probate, on day of death, Spouse moved all money out of decedent's businesses he did not own any of

Spouse had wife own businesses while she was alive because he had "no credit", got huge loans in her name as guarantor, sometimes under false assertions about losses (SBA EIDL), acted as manager in member-managed LLC without being a manager or member, after 23 years of marriage used "refinancing" to get dying wife to sign "tenants in entirety" on a house previously owned 100% by her. Wife died intestate, Spouse moved money out of LLC banks into newly formed LLC within 3 weeks of her death. In months prior to her death, got large loan from a tenant from real estate LLC, used main home as collateral, and since her death has moved all liquid assets out of estate business accounts into his account for newly formed LLC. Kids get "1/3rd" of these businesses, which are now in huge debt and Spouse wants reimbursed from estate for paying business bills with money taken from estate businesses. Spent it on "footballs", drives her car no registra - how to file criminal charges as the executor?

1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Potomac, MD
  • Licensed in Virginia

A: Your description requires a series of follow-up questions, but other than the car registration, I don't see anything that is likely to excite a prosecutor. There may well be a question of undue influence or competence at the time she signed everything over to him, but you will likely need to find the funds to bring that case.

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