Yes, it may be possible to sue the individuals involved for the recovery of your inheritance and any damages you've suffered due to their actions. However, the viability and success of such a lawsuit will depend on various factors, including the evidence available to support your claims.
Texas probate law sets a strict statute of limitations of only four years for any heir or beneficiary to make a legal claim for inheritance. The four-year clock starts ticking as soon as the adoption is complete for adopted children. For other heirs or beneficiaries, it begins on the date of the parent's death.
Only an experienced lawyer can help you determine if your inheritance claim is worth pursuing. If you believe you have such a claim in Texas and would like to discuss it with a licensed Texas attorney, call 214-974-8940.
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.
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?
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.
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.
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.