Dealing With Stolen Inheritance

Losing a loved one is hard enough. Discovering that part of your inheritance may have been taken unfairly can add emotional and financial stress.

If you believe someone has stolen or diverted inheritance that should be yours, you may think that it is gone forever. Not necessarily. Fortunately, there are things you can do to recover what is rightfully yours. Here is how to understand your rights and take action.

Recognize the Red Flags

Here are some common warning signs of inheritance theft:

• Unexpected changes in a will or trust. If the estate plan was altered shortly before death without your knowledge, it might be cause for concern.
• Undue influence. When someone close to the deceased person (like a caregiver or family member) exerts pressure or isolates them, they may have manipulated them into changing their will.
• Fraud or forgery. Documents might be forged or falsified, or a trusted person might misrepresent legal forms.
• Misuse of power. Executors, trustees, or people with power of attorney may mismanage or misappropriate assets.
• Missing or misreported assets. Items like real estate, jewelry, bank accounts, or other valuables may not be properly accounted for in the estate.
• Financial exploitation by caregivers or agents. Conservators, attorneys-in-fact, or agents may take advantage of their authority to siphon off assets.

Gather Evidence

To build a strong case, start gathering documentation and testimony that could support your claim:

• Estate planning documents. Get copies of all relevant versions of the will, trust documents, and beneficiary designations.
• Financial records. Look for bank statements, trust accountings, and other relevant financial documentation that could show irregular transactions.
• Medical records. If capacity or undue influence is an issue, medical files can help show the deceased person’s mental state.
• Witness statements. Talk to family members, friends, or caregivers who may have seen concerning behavior, or heard things that suggest fraud.
• Timeline of events. Create a chronology of key moments, such as changes in estate documents, who had access and when, and large transfers.

Know Your Legal Options

Once you’ve collected evidence, you can do the following:

1. Contest the will or trust. You can challenge estate documents in probate court if there is reason to believe they were forged, altered under duress, or executed by someone who lacked capacity.
2. Sue for breach of fiduciary duty. If an executor, trustee, or agent misused their position, you may be able to sue for mismanagement or self-dealing.
3. Bring a claim for power of attorney or conservatorship abuse. If someone abused their legal authority to take assets, you can bring a claim to recover what was misused.

Seek Legal Help

You may not automatically receive what the will or trust says you should. A shady executor or beneficiary may attempt to take your fair share as well.

Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A can assess your situation and help you get what you are entitled to receive. Schedule a consultation today by filling out the online form or calling 954-764-4330.

Source:

theuswillregistry.org/estate-articles/stolen-inheritance-how-to-claim-whats-yours/