What Is Considered Inheritance Theft?

Inheritance theft encapsulates several actions that result in an individual wrongfully benefiting from a deceased person's assets. It often involves manipulation, fraud, or direct theft, leaving the rightful heirs without their due inheritance.

Example

Consider an elderly woman, weakened by illness, who has two daughters. One daughter lives nearby and begins to influence her mother to change her will in her favor, leaving the other daughter with a significantly smaller inheritance. Upon her mother's passing, the daughter discovers the drastic changes in the will, believed to be the result of undue influence, a basis of inheritance theft.

How Do I Recover a Stolen Inheritance?

Recovering stolen inheritance generally requires legal intervention. A victim may challenge the validity of the will by contesting the will in probate court. However, the court process can be complex, and the evidence must be substantial to overturn or set aside a will.

The six most common grounds for contesting a will include:

1. Lack of Testamentary Capacity: This refers to the decedent’s mental state when they made the will. If they were mentally or cognitively deficient, the will could be contested.

2. Undue Influence: If the will-maker was manipulated into changing it in someone's favor, the will could be contested. An undue influence determination requires a complex analysis, usually involving professional experts. 
   
   

3. Fraud: If the deceased was deceived about what they were signing or false statements influenced the will, it could be contested.
   
   

4. Forgery: If there's reason to believe the will or signature is fake, it could be contested.
   
   

5. Improper Execution: If the will was not created observing the legal requirements, it could be contested.
   
   

6. Revocation: If a newer, valid will is found, the previous one becomes void. If the executor ignores this, the previous will can be contested.

How Do I Prove Inheritance Theft?

Proving inheritance theft can be a daunting task. It necessitates gathering solid evidence to support your claim. This could include medical records indicating the decedent’s mental legal incapacity, witness testimony about undue influence, or expert testimony concerning a forged will.

Example

Consider a scenario where an executor, a nephew of the deceased, distributes assets from the deceased to himself, bypassing the instructions laid out in the uncle's will. Evidence of this misconduct could include bank records, transaction receipts, or other financial documents showing the illicit transfers.

How Do I Find Out If I Got an Inheritance?

To ascertain whether you've received an inheritance, start by examining the will if one exists. If you're named as a beneficiary, or are a legal heir, the executor of the estate usually has an obligation to notify you of such a fact. However, if there is no will or if the executor is not forthcoming, you may need to seek legal help to review the probate records or start a formal investigation.

How Do I Recover Assets Lost to Inheritance Theft?

The process of reclaiming assets lost to inheritance theft usually involves legal action. This might include filing a lawsuit in probate court to challenge the will or the executor's actions. If the court finds in your favor, it may issue an order requiring the return of the stolen inheritance. But remember, this is a complex process that often necessitates a probate attorney's expertise.

What Happens to the Thief of a Stolen Inheritance?

When inheritance theft is proven, the thief may face both civil and criminal consequences. Civilly, they could be ordered to return the stolen assets and possibly pay additional damages. Criminally, they could face charges of fraud or theft, which carry penalties such as fines, probation, or even imprisonment.