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.
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.
Sister Cheated Me Out of Inheritance By presenting evidence in court of her breach, a surcharge action can be initiated, making her responsible for damages to the estate from the inheritance misappropriation. Some states might also impose punitive damages for such fiduciary breaches.
Theft or document forgery, changing the nature of a will. A marriage made under false pretenses to allow someone to financially benefit from the estate holder's passing. Abuse of power of attorney authority to misuse the estate holder's assets.
5 Ways To Protect Yourself From Inheritance Hijacking Be aware and vigilant. Make family members aware of your estate plan. Consider multiple executors. Have multiple sets of your estate plan documents. Create a comprehensive estate plan.
My sister is stealing my inheritance “Believing your sister is taking your inheritance unlawfully? Legal recourse is available. If a court determines she's deprived you of your rightful share, you can initiate a surcharge action against her, making her accountable for any losses to the estate.
Your siblings cannot withhold your inheritance. They are required to follow the terms of the instrument (will or trust) and there are consequences if they do not. You should have (or obtain) copies of the will (and trust, if there is one) and review them.
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?
Before you can request a copy of the Will in New York, you need to determine if you are eligible to do so. Only certain individuals have the legal right to obtain a copy of the Will. These typically include: Beneficiaries: If you are named as a beneficiary in the will, you have the right to obtain a copy.
The most important rights of estate beneficiaries include: The right to receive the assets that were left to them in a timely manner. The right to receive information about estate administration (e.g., estate accountings) The right to request to suspend or remove an executor or administrator.