What is inheritance hijacking?
Asked by: Hillard Bailey | Last update: December 14, 2025Score: 4.7/5 (24 votes)
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.
How do I stop hijacking my inheritance?
- 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.
Can a family member steal your inheritance?
Unfortunately, fraud and stolen inheritance are very common. The worst part is that most of the time, the responsible person turns out to be an executor, sibling, or family member. This situation can be emotionally devastating and financially damaging.
Can someone take my inheritance from a family member?
People who commit inheritance theft, whether it's an executor, trustee, beneficiary or someone else, may be subject to both criminal and civil penalties. For example, a trustee who embezzles money from someone's estate can be charged with a felony or misdemeanor, depending on state laws.
Can you sue someone for taking your inheritance?
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.
Inheritance Hijacking: What It Is & How to Prevent It
What can cause you to lose your inheritance?
- The will is dated and does not reflect the decedent's wishes;
- Circumstances have changed since the will was made (i.e. a remarriage or the birth of a child);
- The decedent expressed different wishes verbally prior to death;
- The decedent leaves property to someone other than their spouse;
What if my brother cheated me out of my inheritance?
Consult an experienced attorney as soon as possible. Inheritance disputes can be intricate, and having legal representation is essential to navigate the complexities and safeguard your rights. Those who wrongfully withhold inheritance may face legal repercussions, so ensure you're well-informed and protected.
What if my sister is stealing my inheritance?
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.
How long does an heir have to claim their inheritance?
An heir can claim their inheritance anywhere from six months to three years after a decedent passes away, depending on where they live. Every state and county jurisdiction sets different rules about an heir's ability to claim their inheritance.
Who do you report inheritance theft to?
If you are a beneficiary of property or income from the estate, you could be impacted on your federal income tax return. You must report any income you receive passed through from the estate to you and reported on a Schedule K-1 (1041) on your income tax return.
Who is not allowed to inherit?
Unlike a spouse, an adult child generally has no legally protected right to inherit a deceased parent's property under state intestate succession laws.
How do I stop my sibling from stealing my inheritance?
You should consider consulting with a trust litigation attorney the moment you suspect a brother or sister is stealing your inheritance or assets from the estate. The sooner you engage counsel, the sooner they can open communications with the suspected sibling and/or their attorney to address the theft.
Can my sibling take my inheritance?
If the deceased person has no spouse or domestic partner, no children, no grandchildren, and their parents are no longer living, then their siblings would be the ones to receive the Estate.
What is estate hijacking?
Estate hijacking occurs when someone steals an inheritance that was meant for someone else. This might seem extreme or difficult to pull off, but it does happen. Keep reading for more of what estate hijacking entails—as well as how to protect yourself and your loved ones from it.
How do I fight my inheritance?
- 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.
What to do when a family member steals from you?
Confront her. Tell her you know she stole from you and you want the items back, or she needs to replace them for you. If she refuses, talk to her parents or legal guardians and ask them for help retrieving your items. If all else fails, call the police.
Can I sue for my inheritance?
The California Probate Code allows for victims of inheritance theft to pursue double damages, treble damages, punitive damages, disinheritance of the thief, attorney's fees, and costs in particularly egregious circumstances, so often a letter that explains the potential consequences will be sufficient to convince your ...
How do beneficiaries receive their money?
If you are indeed designated as a beneficiary on the account, the bank will release the contents of the account to you. If you are unsure where the decedent banked, you may consider asking the decedent's family members, the executor/administrator of their estate or the trustee of their trust.
Who can claim unclaimed money from deceased relatives?
If you are specifically named as a beneficiary in the deceased relative's will, the claim process can be relatively smooth. If not, you may still be able to claim that money but it will require supporting documentation or potentially a decision from a presiding probate court judge to ultimately verify the claim.
Can I sue my sister for stealing my inheritance?
In California, if you have evidence that your inheritance was stolen, you can seek legal recourse. A probate lawyer can assist in filing a restitution order. You're not required to handle such disputes on your own; legal professionals can guide you through the process to recover your rightful inheritance.
Can a family member take your inheritance?
You can transfer the inheritance to someone else, but remember to do this: you need the ownership. First, you must legally inherit the inheritance; transferring it becomes entirely yours once it's in your name. Many individuals don't want to inherit the property due to tax or personal reasons.
What to do when siblings fight over inheritance?
Options for Resolution
Another option is to simply liquidate all the assets and split the proceeds equally among the siblings. Alternatively, you can choose to appoint a fiduciary to the role of executor, who will then make the decisions about how assets should be split.
Can your partner touch your inheritance?
Nope. You're able to draw up a financial agreement where all assets (financial and other) are shared, while excluding their right to your inheritance.
Can executor cheat beneficiaries?
Executors are bound to the terms of the will, which means they are not permitted to change beneficiaries. The beneficiaries who were named by the decedent will remain beneficiaries so long as the portions of the will in which they appear are not invalidated through a successful will contest.
How do you deal with unfair inheritance?
- Be Honest. ...
- Be Clear and Concise in Your Will. ...
- Hire a Mediator.