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spagetti

estate/probate

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My sister who was appointed power of attorney and executor of my parents' estate, has transferred funds, spent thousands of dollars, and namefd herself sole beneficiary to all my mothers assets, with a transfer upon death policy, because mom was incompetent. With all this proof of evidence, should',t I be able to take my case to a criminal lawyer from this point? My trial lawyer wants to produce an attorney(he knows), to be the representative/executor to take over, after my sister is removed of her executress duties. Wouldn't a criminal lawyer do the same while preparing a case for criminal prosecution of embezzlement? Starting to think my attorney is milking the case, when we feel he is at the end of this cases' as far as his duties. By the way, we are in Ohio

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Generally, criminal attorneys defend the accused.

Attorneys do not have the power to prosecute people criminally. That is the district attorney's task.

If you wish to pursue criminal charges, contact law enforcement and/or the district attorney's office with your evidence.

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Harrylime, I do wish to process criminal charges against my sister, and I mentioned this several times to my atty. He said the judge may turn it over to the prosecuting atty's office due to the evidence. If he doesn't, will the district atty's office automatically hear my case?, or will they review the evidence and decide if they want to take it. As I stated, my current atty., appears to be hanging on to my case, because we havn't located where my sister put my moms assets. Evereything was put into her name during the last year and a half, and moms net worth was probably around 3 million. My question is, can the district atty's office pick up where my atty. left off?, and begin a criminal investigation? Thank you, spagetti

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Your attorney is correct that the court might refer the matter to the DA for possible criminal action. It is unlikely that anything automatic will happen.

You can contact the DA's office. Or your attorney could.

And, despite what I said in the prior post, you might find a criminal attorney that would help you in organizing and presenting the evidence you have to the DA. It is possible that the attorney's personal/professional connections with the DA's office might better persuade the prosecutors than you can.

You just need to approach the probability of criminal prosecution with a sense of realism. Maybe a decade or so ago, it would probably be only the most egregious cases of breach of fiduciary duties that would be prosecuted. My sense is that more cases are now being pursued. But, you still need to understand that the DA may decide that a criminal case is not justified, given the resources it would take and the civil remedies that are available.

(Those who have been harmed have a tendency to overestimate the strength of the evidence and underestimate the difficulty of obtaining a conviction.)

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