Wills and trusts can be complex, complicated and entwined with complexities spanning generations and lifetimes. With various interests and emotional factors involved, it’s not uncommon to see issues related to alleged will and trust beneficiary fraud. Any case involving fraud will have to involve some element of deliberate misrepresentation. Additionally, the deliberate misrepresentation will then typically directly benefit the beneficiary. Since these matters can often involve more than a few concerned interests, it’s important to have competent and experienced legal representation. Whether you’re facing trust beneficiary fraud charges or will beneficiary fraud charges, a lawyer can help to ensure you get the best possible outcome in your unique situation. Listed below are some common forms of will and trust beneficiary frauds.Types of Will and Trust Beneficiary Frauds
Will and trust beneficiary fraud falls within the spectrum of white-collar crime. White-collar crimes, which are often financial in nature, don’t involve the typical elements that we think of in ordinary theft or larceny. These crimes are usually committed through complex collections of papers, ledgers, accounts and clerical work. It can take investigators months or even years to sift through the paperwork associated with these types of cases. Charges aren’t always filed swiftly, and it’s possible for investigations to be lengthy and complex. If you’re under investigation, even if you’re not currently facing charges, it’s a good idea to speak with a criminal defense attorney who has white-collar criminal case experience as soon as possible.Breaching Fiduciary Duty
If a fiduciary duty is breached, there can be criminal and civil legal ramifications. A variety of actions can constitute a breach of fiduciary duty. Some of these actions can include failing to keep accurate records of transactions, pursuing self interests, not following the law, not performing duties as they’re prescribed by the estate, will or trust, misrepresenting accounts, stealing money or assets, making fraudulent records or failing to give all adequate information when called for. Typically, a trustee commits a breach of fiduciary duty in these types of cases. Whether they are acting for personal gain or they are committing fraud for the beneficiary, they can face serious legal consequences.Misrepresenting Financial Information for Personal Gain
In cases involving will and trust beneficiary fraud, it’s common to see a misrepresentation of financial information for personal gain. Any deliberate misrepresentation that results in nearly immediate or long-term personal gain for a beneficiary in a case involving wills and trusts can lead to charges. Disgruntled family members can make these cases complicated, and details can easily get twisted. If you’re facing charges associated with will and trust beneficiary fraud, it’s important to speak with a criminal defense attorney as soon as possible to ensure the best possible outcome for your case.Penalties Associated With Will and Trust Beneficiary Fraud
Each case is different, and no two situations are exactly alike. Depending upon the unique circumstances of your case and the charges you’re facing, you could be facing extensive fines and even jail time, if convicted. If you’re facing misdemeanor will and trust beneficiary fraud charges, you could be looking at up to one year in jail, in addition to fines. If you’re facing felony will and trust beneficiary fraud charges, you could be looking at up to five years or more in a correctional facility. Due to the amount of money involved in many of these cases, there are often civil legal consequences too. You could face lawsuits, and potentially have to pay back large sums of money, if they were determined to have been attained fraudulently.Jackson Will and Trust Beneficiary Fraud
Cases involving fraud, even for first time offenders, can have hefty penalties for those facing charges. If you’ve been arrested, or if you are under investigation for will and trust beneficiary fraud, politely decline to answer any questions until you’ve contacted your lawyer. You have the right to remain silent. Exercise it. Many people think that if they don’t immediately answer every question thrown their way, they will look guilty. Nothing is further from the truth. Cases involving wills and trusts are very complicated, and you need experienced legal representation on your side.
If you or a loved one is facing will and trust beneficiary fraud charges in or around the Jackson Metro Area, contact the skilled and proven Criminal Defense team at Coxwell & Associates, PLLC at (601) 948-1600 for an immediate case consultation.