New York Probate Appeal: In Re Pritchett

Has someone pilfered or stolen from one your relative’s estates?   Do you know what actions you may be able to pursue in Palm  Beach court? Do you know what the tort of conversion is? Want to see how to perfect a West Palm Beach claim against an individual for conversion? Take a look at this case out of New York.

Conversion

• Conversion is a Palm Beach tort.
• It is an intentional tort meaning that the party has to purposefully commit it.
• Do you know what conversion is?
• In short conversion is when another party acts to exercise dominion over the property of another.
• Think of this as the civil equivalent of a claim for theft.
• Can you bring a claim against a trustee for conversion?
• Palm Beach probate litigators know that when a person who was in a position of trust commits conversion this may also be embezzlement.
• Do you know the difference?
• Are you prepared to file a tort action in Palm Beach court?
• Did you know that this claim belongs in the civil division rather than the probate division?
• Can you Palm Beach probate litigator still go to that court while also advocating for you in probate court?
• You may have a cause of action for conversion when someone steals or exercises dominion over the property of your deceased loved ones.
• Want to see how?
• Check out this case out of New York.

In re Pritchett

• This was a very complicated estate dispute that arose out of New York.
• In a consolidated proceeding a brother who was acting as a co-executor of the father’s estate, petitioned to settle the father’s account and administrator of his sister’s estate brought an action against the brother claiming conversion.
• The brother claimed he lacked capacity to commit the tort do you know what that means?
• In the end the Court held that the brother had waived his right to this defense.
• Do you know what defenses are available in a suit against you for conversion?
• How can you be sure that you are not waiving available defenses?

In re Pritchett, New York Supreme Court of Appeals, 128 A. D. 3d 836, 2015

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