Citations To Recover Assets

Recovering Assets That Are Rightly Part Of An Estate

Sometimes, assets are incorrectly paid out to the wrong beneficiary or creditor. In other cases, an estate is owed money or someone is holding another type of asset that should be within an estate. This may be a mistake or because an agent, trustee, administrator or executor has breached his or her fiduciary duty. No matter which situation you face, it is in your best interest to seek out a knowledgeable estate administration litigation law firm that will help sort out these discrepancies and ensure that any necessary corrective action is handled efficiently.

When A Citation To Recover Assets Makes Sense

A citation to recover assets is used when it is determined someone owes money to a decedent or holds property belonging to the decedent and action must be taken to bring that property into the estate. A citation can be enforced by a judgment or contempt, and the costs of the citation can be assessed against the respondent if it finds the application is correct and assets are owed to the decedent's estate.

Once we discover what assets were in the decedent's name using resources such as the Internal Revenue Service, the decedent's will, other personal papers and by speaking with the decedent's financial advisers, our firm is skilled at taking the necessary measures to recover assets so that the decedent's testamentary wishes can be carried out.

In another situation, when the estate holds property belonging to a third party, the third party can bring a petition for recovery against the estate. The representative of the estate who holds the power to distribute assets can pay whatever is owed to the third party if the parties come to an agreement or are ordered by the court.

In either case, a jury trial can be had in limited circumstances to determine whom the assets should be paid to. Our attorneys are experienced in filing and defending against citations to discover and recover a decedent's assets.

Do You Suspect Embezzlement From An Estate?

We also represent clients concerned that fiduciaries or third parties embezzled assets or have taken property from a decedent illegally. We are skilled at tracking down missing assets using a procedure known as citations to discover. This procedural tool is usually used alongside a citation to recover.

Act Promptly When Action Is Necessary

We invite you to contact our diligent attorneys to schedule a consultation by calling 847-696-0060.