Shoplifting, Larceny, Robbery, Theft Sister has same name as aunt and cashed her checks

[mb45]

What kind of trouble could my sister be in. Our aunt died and her CD interest checks came before we could inform the banks. My sister was named after the aunt and went to her bank (which was the same as some of the CD's ) and cashed them. They totaled approx $800.

 

[army judge]

What kind of trouble could my sister be in. Our aunt died and her CD interest checks came before we could inform the banks. My sister was named after the aunt and went to her bank (which was the same as some of the CD's ) and cashed them. They totaled approx $800.

She's in no trouble, if no one snitches.

If, on the other hand, someone rats her out; she's in serious trouble.

At a minimum, this is the common law tort of conversion.

It is a strict liability tort.

The estate of your aunt can sue her for the alleged misdeed.

The state can prosecute her criminally.

What she did is a lower order felony.

However, such a prosecution could offer her some novel defenses.

At any rate, if I were your sister, I'd endeavor to make this right.

I'd pay back the funds, she mistakenly thought to be hers!

Otherwise, the law will one day come knocking!

 

[mightymoose]

There are probably a couple felonies that apply to this... identity theft/fraud/grand larceny.
For $800 it is certainly not worth any risk. If she returns the money with some lame excuse she might be alright, but if the bank or anyone else learns that the checks were cashed after the death then it may come back on her and she has no defense.

Come to think of it, whoever is in charge of your aunt's estate after her death may come looking for that money, which will certainly get investigations under way with the bank and possibly police. The sooner she fixes it the better.