San Carlos, CA asked in White Collar Crime, Estate Planning, Family Law and Elder Law for California

Q: How can I communicate intent to file criminal complaints without crossing the line into blackmail?

How can I communicate intent to file criminal complaints without crossing the line into blackmail? My sister is attempting to cut me out of the inheritance from my mother (there's no will), for which I have hired a civil attorney to sue her. However, my sister has also committed several serious crimes in the course of trying to steal from me. I don't want her to go to jail, but I can't let her steal my inheritance, either. I want to tell her that I'll have no choice but to report her for grand larceny, tax fraud, elder abuse of our now-deceased mother, and mortgage fraud (each of which is directly related to my inheritance) if she doesn't come to the negotiating table. All I want is the 50% to which I am entitled; not a penny more or less. How can I safely accomplish informing her of what she faces criminally without her being able to file a viable counterclaim for blackmail in civil court? Thank you for your time!

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, blackmail is a criminal offense that involves threatening to reveal information about someone in order to obtain money, property, or some other benefit. To avoid crossing the line into blackmail when communicating your intent to file criminal complaints, it is important to focus on your legal rights and the consequences of your sister's actions, rather than on any personal gain or benefit that you may receive.

One way to communicate your intent to file criminal complaints without crossing the line into blackmail is to do so in writing, such as in an email or letter. In your communication, you should make it clear that you are not seeking any personal gain or benefit, but rather are simply asserting your legal rights and protecting yourself from your sister's criminal actions.

It may also be helpful to seek legal advice from a qualified attorney who can help you understand your legal rights and options, as well as the best way to communicate your intent to file criminal complaints without crossing the line into blackmail.

Overall, it is important to approach the situation carefully and to stay focused on your legal rights and the consequences of your sister's actions, rather than on any personal gain or benefit. By communicating your intent to file criminal complaints in a clear and concise manner, and seeking legal advice as necessary, you can help ensure that your rights are protected and that you receive the inheritance to which you are entitled.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.