When a Family Member Is Stealing from an Estate in Kentucky

It’s an uncomfortable topic, but it happens more often than you’d think: a family member or executor takes money, property, or other assets from a loved one’s estate without authorization. Whether it’s an executor writing checks to themselves, a sibling cleaning out a bank account before probate begins, or a caregiver helping themselves to valuables, this kind of conduct has both civil and potentially criminal consequences under Kentucky law.

Common Ways Estate Theft Happens

Estate theft doesn’t always look like someone stuffing cash in their pockets. In practice, the most common scenarios include a family member withdrawing funds from the deceased’s bank account before or immediately after death using a joint account or a debit card, an executor paying themselves excessive or unauthorized compensation, an executor using estate funds to pay their own personal expenses, a family member taking personal property (jewelry, vehicles, collectibles, furniture) from the deceased’s home before the estate is inventoried, and a caregiver or power of attorney agent making large transfers to themselves during the deceased person’s final months of life.

What the Law Says

Kentucky law provides several avenues for addressing estate theft. On the civil side, an executor or administrator who misappropriates estate assets can be surcharged — held personally liable to reimburse the estate for every dollar taken. The court can also remove the executor under KRS 395.150 and appoint a replacement.

For non-executor family members who take estate property, the personal representative can bring a civil action to recover the assets or their value. If someone took property before probate was opened, the personal representative’s first job may be to identify what’s missing and pursue those claims.

On the criminal side, theft of estate assets can constitute theft by unlawful taking under KRS 514.030. Depending on the value of the property taken, this can range from a misdemeanor to a serious felony. Theft of property valued at $10,000 or more is a Class C felony in Kentucky, carrying a potential prison sentence of 5 to 10 years.

What You Can Do About It

If you suspect someone is stealing from an estate, the most important step is to act quickly. Evidence can disappear — bank records can become harder to obtain, property can be sold or hidden, and memories fade. Here’s what I typically recommend:

Secure what you can. If you have access to the deceased’s home, document the property that’s present (photographs and videos are invaluable). If you know the financial institutions the deceased used, notify them of the death to freeze accounts.

Request an accounting. If an executor has been appointed, demand a full accounting of all estate transactions. If they refuse, the court can compel it.

Get a lawyer involved. Estate theft cases often require subpoenas for financial records, forensic accounting, and aggressive litigation. The sooner a lawyer is involved, the better your chances of recovering what was taken.

If you believe a family member or executor is stealing from an estate, don’t wait for the problem to resolve itself — it won’t. Call me at (859) 225-9540 or use the contact form on this site.

Joseph D. Buckles is a probate litigation attorney at Buckles Law Office, PLLC in Lexington, Kentucky.