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.
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.
Generally speaking, assets that are titled solely in the decedent's name need to be probated, while assets that are jointly-owned or have a designated beneficiary can transfer ownership outside of probate.
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.
For example, in California, you have 120 days to challenge the validity of the will after it's admitted for probate. For the breach of fiduciary duty, the statute of limitation is 3 to 4 years (California's Code of Civil Procedure, section 343).
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.
Ok so the first place to start is a probate estate needs to be opened for your father and an executor of the estate appointed. The executor will have the legal ability to sue the 2 siblings that stole funds. It is highly recommended you hire a probate litigation attorney.
Create a comprehensive estate plan One of the best ways to stop inheritance hijacking before it happens is to ensure that your estate plan is up to date and thorough. If you have all of your papers in order, it will be difficult to dispute them, and will be an added layer of protection to your Estate after you pass.
Diminish guilt by looking at wealth as a blessing not a curse. Start by figuring out where your guilt about your wealth is coming from: Because someone passed away for you to get it. Because you want to fit into society or with your friends.
5 Legal Tips If You're Fighting Over an Estate Read the documents carefully. Sometimes estate battles can be avoided by simply re-reading the will or trust. Know your state's inheritance laws. Consider out-of-court settlements. Look for outside evidence of the deceased's wishes. Hire an attorney.