What is the Statute of Limitation on theft of $72,000.00 inheritance of juvenile beneficiaries? 13 Answers as of April 14, 2014

Uncle was executor of brother's estate. Estate was to be divided between brother's three (juvenile) children upon them reaching the age of 21. Uncle has recently admitted to taking the money and using it for himself. This was in 1980.

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Probably 4 years from the time they reach 18, but don't rely on this. See a lawyer ASAP.
Answer Applies to: California
Replied: 4/14/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Its way past the statue of limitation.. which was 6 years from the date the trust should have been terminated (e.g. the date the last of them reached 21).
Answer Applies to: Michigan
Replied: 4/11/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
For embezzlement, you should consult the District Attorney for a criminal action. For a civil action, consult with a probate litigation attorney.
Answer Applies to: California
Replied: 4/11/2014
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
It probably depends on when the kids turned 21. Talk to your local DA.
Answer Applies to: Oregon
Replied: 4/11/2014
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Was the estate closed? Was he discharged. The former juveniles should probably consult with counsel where the estate was administered to see if there are any remedies available to them.
Answer Applies to: Nevada
Replied: 4/11/2014
    Frederick & Frederick PLC | James P Frederick
    It is three years. Arguably, it should be three years after the minor turned 21. If you are beyond that date, perhaps the uncle can find another way to make good on this, even if he is not legally responsible for doing so.
    Answer Applies to: Michigan
    Replied: 4/11/2014
    James Law Group
    James Law Group | Christine James
    If the children have been 21 for more than a year, it is unlikely they will recover. The statute was tolled when they were minors, but not for too long after. If this was 34 years ago, it is probably too late.
    Answer Applies to: California
    Replied: 4/11/2014
    Ronald K. Nims LLC | Ronald K. Nims
    The statute of limitations for theft is four years. The four years starts when a child reaches 18. Under certain circumstances, the four years doesn't start until the victim discovers that they have been robbed.
    Answer Applies to: Ohio
    Replied: 4/11/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    If you could not reasonably discover the breach of fiduciary duty until the uncle admitted it, you might have a basis for suing now. On the other hand, if you should have known of the theft but did nothing, it is probably too late.
    Answer Applies to: Idaho
    Replied: 4/11/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Given the fact that this occurred over 30 years ago I would believe it is long past the statute of limitations. Although there may be no possibility of a legal action, the uncle certainly has and retains a moral obligation.
    Answer Applies to: Michigan
    Replied: 4/11/2014
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    Generally it is three years upon learning of the loss. However, the statute is tolled (frozen) if the person suffering the loss is a minor.
    Answer Applies to: New Jersey
    Replied: 4/11/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Because it has been 34 years that has passed, trying to get a prosecutor to try this case will be extremely difficult. The three children may however sue the uncle in civil court. That would probably be your best recourse. Albeit, difficult, if the money has been spent or uncle has no money.
    Answer Applies to: Florida
    Replied: 4/11/2014
    Law Office of Andrew Oostdyk
    Law Office of Andrew Oostdyk | Andrew Oostdyk
    If fraudulent activity has just recently been discovered, you may have a cause of action. Speak with a lawyer to determine if the fraud should have been reasonably detected at an earlier date, and if you have standing to file a lawsuit.
    Answer Applies to: Texas
    Replied: 4/11/2014
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