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Is there a statute of limitation on an estate where criminal activities have occured?


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#1 leanna_4862

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Posted 05 December 2012 - 09:02 AM

Several years ago, I was left as Administratrix of an estate. The deceased party was a very wealthy business owner. The last liviing heir to the estate went without the money that was left to them for several years. Now, after these years, an account has been found with little money left in it.

#2 FindLaw_Amir

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Posted 05 December 2012 - 09:24 AM

What state is this concerning?
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#3 knort4

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Posted 05 December 2012 - 01:40 PM

Please clarify what you mean when you say the "heir to the estate WENT WITHOUT THE MONEY" that was left to them--did the heir not know about the money or that he/she decided that they didn't want it? Please mention exactly what years you were administratrix. Is a trust involved here or just probate? Did the will specify how much money the heir was supposed to receive? Does the heir know about this? Did you notify the heir (during the year that probate was opened) about the fact that he/she was a beneficiary and did you send that person a copy of the will?

#4 pg1067

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Posted 05 December 2012 - 02:04 PM

First, I'm not sure how you could be "left as Administratrix of an estate." Courts don't appoint people to serve as executors/administrators of estates who don't want to be appointed. Second, to address the question stated in the subject header of your post, almost every crime has a statute of limitations. I'm not sure what crime(s) you're concerned about, but I should hope it rather obvious that each state's laws are different. And, since you didn't identify your state, we obviously can't tell you anything about the statute(s) of limitations that apply to the unknown crime(s) about which you're concerned.

#5 leanna_4862

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Posted 06 December 2012 - 07:12 AM

The replies are very much appreciated. I had been advised several years ago that there is no statute on crimes. I was appointed as Administratrix by the deceased, and the heir was notified of the pending inheritance. The crimes involve at the very least, duress. The estate remains open, and may not ever be closed. The estate has remained open for several years.

#6 knort4

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Posted 06 December 2012 - 07:18 AM

Duress by whom? Are you afraid of some type of legal charges being filed against you? What is the reason that the estate has remained open? You have provided virtually no details about this situation, so it's uncertain what you are looking to get resolved.

#7 pg1067

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Posted 06 December 2012 - 08:03 AM

I had been advised several years ago that there is no statute on crimes.


Advised by whom? There are some crimes that don't have an applicable statute of limitations. For example, in most, if not all, states, there is no SOL applicable to murder. Most or all states will have a few other crimes with no applicable SOL. However, as I said before, almost every crime has an applicable SOL.


I was appointed as Administratrix by the deceased, and the heir was notified of the pending inheritance.


Only a court can appoint a person to serve as executor or adminstrator. I'll assume the deceased nominated you in his/her will, but that does not mean you actually were the administratrix. Were you actually appointed by a court to serve as administratrix?


The crimes involve at the very least, duress.


"Duress" is an element of some crimes but it not, by itself, a crime.


The estate remains open, and may not ever be closed. The estate has remained open for several years.


If you are actually the administratrix, then you'd best consult with a local attorney ASAP. While you might not be subject to criminal prosecution, you might be subject to claims by the deceased's heir(s), and the SOL on such claims might not even start running as long as the estate remains open.




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