Embezzlement?

[IrishCossack]

Jurisdiction

Arizona

A property was sold to which I am entitled to one third of the proceeds. The executor of the will refuses to respond to my letters and any form of contact. It has been six months since the sale of the property. The property is in Arizona and I am located in Ohio. I have a lawyer in Arizona but he also does not respond to my emails, the last one was from August of 2015. The executor is a very difficult person to deal with if not impossible. At what point does this become embezzlement by the executor?

 

[ElleMD]

Embezzlement is a criminal charge and it would be up to the prosecutor to determine that.

 

[adjusterjack]

I have a lawyer in Arizona but he also does not respond to my emails, the last one was from August of 2015.

Then call him up. If that doesn't get you anywhere, fire him, and get another attorney.

On the other hand there may not be anything to tell you yet. Arizona probate takes at least 6 months and could take a lot longer if there is a complicated estate.

At what point does this become embezzlement by the executor?

When he pockets the money and walks away with it. Until then it's possible that the probating of the estate is not complete yet and the money from the property has to be held until creditors, expenses, and other matters have been handled.

The best way for you to find out what's going on is to call the courthouse and arrange for the complete case file to be copied and sent to you.