Inheritance hijacking can be simply defined as inheritance theft — when a person steals what was intended to be left to another party. This phenomenon can manifest in a variety of ways, including the following: Someone exerts undue influence over a person and convinces them to name them an heir.
If you believe your inheritance has been stolen, the first step is to contact an experienced probate litigation attorney. They can help you understand your legal options and what type of proof you will need to recover your stolen inheritance successfully.
If you cant afford an attorney you can see if you qualify for legal aid services to do the case completely pro-bono or at a reduced rated depending upon your household income.
What Options Do You Have If Someone Steals Your Inheritance? Once you notice the signs we've mentioned above of stolen inheritance, you can take legal action. There are a few things you can do, such as contesting the will if there is more than one version. You can also sue someone for forgery or fraud.
Legal recourse is available for victims of inheritance theft, including filing a lawsuit to recover stolen assets or contesting a will in probate court. It's essential to act swiftly, as statutes of limitations can restrict the time frame for legal action.
All current beneficiaries, beneficiaries who were in previous versions of a will or trust, and heirs have the right to sue other beneficiaries or the trustee for their inheritance.
Depending on the amount they steal, inheritance hijacking could even be a felony. In California, stealing becomes a felony when the value stolen exceeds $950. Related Article: Can a Trustee Go to Jail for Stealing from a Trust?
Different states have different time limits for filing inheritance disputes or lawsuits. For example, in California, you have 120 days to challenge the validity of the will after it's admitted for probate.
Key types of evidence that can support claims of inheritance theft include: Bank statements; Investment and account statements; Copies of the will and any codicils; Probate application documents; Communications between the executor or administrator and beneficiaries;
Beneficiaries of a New York estate have the right to: If they are entitled to, they are able to get the entire share of the estate. Receive their share of the estate in a timely manner. Receive an inventory of the estate within nine months of the executor or administrator being appointed.