Legal Question in Criminal Law in Iowa

My husband was made the executure of his late step dad's estate, the lawyer that was covering the whole ordeal and the late step father reside in a town that is four hours away from our home. His step father passed away in November 2016. The following year the lawyer propose prepared the taxes for 2016 and the checks were issued to my husband being the executer of the estate. My husband was in the protrude process of mailing the federal check to the lawyer when some how the misplaced it. He let the lawyer know that he could not find the check and he told my husband to call the IRS to get a check reissued shortly after that my husband was removed for being the executer of the estate because it became to difficult to constantly drive the 4 hours there and 4 hours back to see the lawyer and satisfy the lawyers demands. We never received a reissued federal check for the estate and now the lawyer is selling 2nd degree felony charges against my husband for personal theft. We don't have the money to afford a lawyer so we will have to get legal aid but I'm wondering what the chances are that my husband is going to have to serve time for something that can be proven didn't occur, I mean wouldn't the IRS be able to say that the check was never cashed?

Asked on 4/10/19, 11:31 am

1 Answer from Attorneys

Robert Luedeman solo practitioner

There seem to be some facts missing from your rendition. The way you're telling it to me your husband was the executor and received a tax refund from the IRS which he was to forward to the attorney for the benefit of the estate, that was never done for whatever reasons, your husband was removed from his executor position-likely because of the missing check-and now your husband is being charged with theft because of this. Is this lawyer in the state of Iowa? Because if not, you're asking the wrong person. I also have to ask how much money was involved? I would suggest that you start by getting a tax transcript from the IRS either online or present yourself at a taxpayer service center and see what happened to the missing money. And hire an attorney of your own. It's cheaper than going in without knowing what you're up against and what your rights are.

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Answered on 4/11/19, 10:59 am

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