Legal Definitions - substraction

Substraction refers to the hidden or secretive taking of property that rightfully belongs to another person or entity. While it can occur in various situations, it is most commonly used to describe the unauthorized removal of assets from the estate of a person who has died, before those assets can be properly accounted for or distributed.

Here are some examples to illustrate this concept:

• Example 1: After an elderly parent passes away, one sibling, acting as the executor of the estate, secretly removes several valuable antique paintings from the family home and sells them, pocketing the money before the estate's assets are formally cataloged and divided among all heirs.

  Explanation: This is an instance of substraction because the sibling *secretly* *misappropriated* (took and sold for personal gain) property (the paintings) that was part of the *decedent's estate* before it could be properly distributed according to law or the will.

• Example 2: A live-in caregiver for an incapacitated adult gradually and discreetly sells off pieces of the adult's valuable coin collection over several months, replacing them with less valuable coins, without the knowledge of the adult or their legal guardian.

  Explanation: This illustrates substraction because the caregiver *secretly* *misappropriated* (sold for personal profit) property (the coin collection) belonging to another individual who was unable to protect their own assets, doing so without authorization.

• Example 3: Two business partners own a small manufacturing company. One partner, planning to leave the business, secretly transfers specialized machinery and proprietary molds from the company's workshop to a new, undisclosed location, intending to use them for a competing venture without the other partner's knowledge or consent.

  Explanation: This is an example of substraction because one partner *secretly* *misappropriated* (moved and intended to use for personal gain) company *property* (machinery and molds) without the knowledge or consent of the other rightful owner, undermining the shared assets of the business.