Q: Can family theft with firearm be a civil matter in AR?
I filed a police report because my sister took a safe containing personal items, including a firearm valued at $2,500 or less, from my parent's place, which is now in probate. The police are aware she took it, and she admitted to them that she did. I informed them about the firearm, which should make it a class D felony. Can this situation be approached as a civil matter instead of a felony since the theft was committed by a family member?
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A: Either the fiduciary or the beneficiaries must file a demand for the assets to be marshalled up by the fiduciary or a Court appointed fiduciary if the sister is removed. Probably all parties are tenants in common, so no crime was committed.
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