The Consequences of Violating a Will

Wills are intended to make it easier to distribute a deceased person’s assets and must go through the proper legal channels to be followed correctly. It is crucial to work with a lawyer for this process, as it is all too easy to make mistakes or to end up doing something that violates the will. Someone who is found to have violated a will may end up facing a number of different consequences.

What is Considered a VIolation?

To know why hiring a probate attorney is so important, it’s a good idea to understand what is considered a violation. Violations can include misconduct when distributing assets, making false statements during legal proceedings, stealing money before the will is followed, squandering assets before everything is distributed, or failing to keep accurate financial records. There are also other potential violations, such as trustee fraud or destroying a will, that can occur when the will and the estate aren’t handled properly.

Criminal Penalties

Will violations can be criminal and may lead to a conviction and various penalties. Someone who is charged with any crime relating to violating a will may face a misdemeanor or felony conviction, depending on the charges against them. Possible penalties can include jail time, probation, fines, community service, and more.

It is crucial to work with a lawyer if there is the possibility of criminal charges as any conviction can have a lasting impact on the person’s future and can be used against the person in civil trials.

Civil Liabilities

Civil liabilities are different than potential criminal charges, and it is possible for someone to face both if they are suspected of violating a will. While the civil proceedings won’t impact any criminal charges, if the person is convicted, the conviction can be used as evidence in the civil trial and will make it more likely they will lose the case. If they lose the lawsuit and are found civilly liable, the person may owe a significant amount of money to cover the missing or misappropriated funds from the will, damages caused by the missing funds, legal fees for the victim, and more.

It is possible that the amount owed after losing a civil case can be more than what the person gained through the violation. It is also possible that the person may not be able to pay all of it at once, especially if they also have criminal fines to pay. If a person can’t pay, the victim can request certain remedies, including wage garnishments, a levy on the person’s bank account, seizing the person’s assets, and more.

Financial Issues

It is entirely possible for the person who violated the will to end up with financial concerns as a result. While they may have gained extra money through the violation, they can end up owing more once everything is done because of criminal fines or civil penalties. This can lead to long-term financial issues and may make it more challenging for the person to get everything back to normal again.

Wills must be handled properly, and the estate should be distributed correctly once a person has passed. However, it is possible for a will to be violated and for issues to arise during this process. Those who are in charge of handling the will or who suspect there is a problem with the will’s executor may want to speak with a lawyer to find out if any violations have occurred and, if so, what can be done.