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Old 03-13-2014, 10:55 AM
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theft and publication 547

Under theft, it says, "the taking of property must be illegal under the law of the state where occurred, and done with criminal intent"...here's my situation.
My wife's mom passed away 3 yrs ago. 3 siblings to divide estate equally. one sibling, who was executor, never took the estate thru probate. Instead he sold off partial ownership of house to numerous other parties to gain immediate cash. When house finally sold, about a 1.5 yrs ago, all of the proceeds immediately disappeared (we're guessing it went to the folks who bought partial interest in home, but unable to confirm).
We then find out that he is filing for bankruptcy in California, where he lives and where above mentioned house was. We obtained counsel in Calif. to file a claim of objecting to discharge and determination of nondischargability. We were successful in that motion (debt was not discharged), and the sibling who stole the house admitted to what he did, he entered into an agreement with both siblings to repay the value of the their share of the home, and was approved by the bankruptcy court. In accordance with the Stipulation and Settlement agreement, sibling was to pay a monthly amount, which he has now defaulted on. Its been a year. We now have a judgment against him, approved by the bankruptcy court. However, he appears to be professional criminal, and there is no money to be found or to be expected to be collected.
He stole the house and money, and his intent seems very clear. I think this fits in definition of a theft loss but would like confirmation.
Thanks, Rich Baumer



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Old 03-13-2014, 10:46 PM
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Quote:
Originally Posted by rich baumer View Post
Under theft, it says, "the taking of property must be illegal under the law of the state where occurred, and done with criminal intent"...here's my situation.
My wife's mom passed away 3 yrs ago. 3 siblings to divide estate equally. one sibling, who was executor, never took the estate thru probate. Instead he sold off partial ownership of house to numerous other parties to gain immediate cash. When house finally sold, about a 1.5 yrs ago, all of the proceeds immediately disappeared (we're guessing it went to the folks who bought partial interest in home, but unable to confirm).
We then find out that he is filing for bankruptcy in California, where he lives and where above mentioned house was. We obtained counsel in Calif. to file a claim of objecting to discharge and determination of nondischargability. We were successful in that motion (debt was not discharged), and the sibling who stole the house admitted to what he did, he entered into an agreement with both siblings to repay the value of the their share of the home, and was approved by the bankruptcy court. In accordance with the Stipulation and Settlement agreement, sibling was to pay a monthly amount, which he has now defaulted on. Its been a year. We now have a judgment against him, approved by the bankruptcy court. However, he appears to be professional criminal, and there is no money to be found or to be expected to be collected.
He stole the house and money, and his intent seems very clear. I think this fits in definition of a theft loss but would like confirmation.
Thanks, Rich Baumer
basically, Theft losses generally require proof that the property was actually stolen and not just lost or missing.A theft is the taking and removing of money or property with the intent to deprive the owner of it. The taking must be illegal under the law of the state where it occurred and it must have been done with criminal intent more precisive legal support/help is requested, I guess



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