FILE A LAWSUIT Another option to recover STOLEN INHERITANCE is filing a lawsuit against your sibling based on breach of fiduciary duty, fraud, and other forms of abuse of power of attorney. Additionally, your parent can challenge the agent's use of their power of attorney and recover any assets misused.
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.
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.
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?
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.
An estate planning attorney specializes in helping individuals and families create legal documents and strategies to manage their assets, plan for inheritance, and minimize taxes after death.
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.
Will disputes. The will is dated and does not reflect the decedent's wishes; Circumstances have changed since the will was made (i.e. a remarriage or the birth of a child); The decedent expressed different wishes verbally prior to death; The decedent leaves property to someone other than their spouse;
drafted nocontest clause in a trust and a will can diminish the likelihood of legal battles among heirs. It helps dissuade disgruntled beneficiaries from pursuing costly litigation by putting any inheritance at risk if they should decide to pursue what they feel are unfair distributions.