What to do if someone is trying to take your inheritance?
Asked by: Zachary Stoltenberg | Last update: September 28, 2025Score: 4.6/5 (66 votes)
To combat inheritance theft, it's crucial to gather compelling evidence and hire an experienced probate attorney. A probate attorney can guide the legal system in order to recover stolen assets through filing restitution orders – guaranteeing justice while recovering assets stolen from you.
What to do when someone steals your inheritance?
You can approach the probate court in your jurisdiction and have them investigate. That's what probate courts are all about - the correct beneficiary receiving their inheritance.
Can someone take my inheritance from a family member?
Inheritance hijacking is the term that describes a type of theft. It can occur when one or more people steal an inheritance that was intended to be left to someone else. This type of theft happens more often than you think. It can happen when someone steals assets not left to them in a Will or Trust.
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.
Can someone withhold your inheritance?
Executors are legally empowered to withhold money from a beneficiary if there's a legitimate and lawful reason, such as unsettled debts, taxation issues, or ongoing estate litigation.
How do you Get Your Stolen Inheritance Back
How long does a beneficiary 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.
What to do if the executor is cheating?
Management of executor misconduct involves steps such as collecting evidence of misconduct, seeking legal counsel, reporting to the probate court, filing a lawsuit for financial damage, and petitioning for the removal of the executor.
What is inheritance hijacking?
Due to community property laws, spouses of deceased individuals are entitled to part of the estate under California law. Unscrupulous individuals may attempt to marry someone under false pretenses to steal an inheritance from someone else. They may marry a wealthy individual to benefit from their passing financially.
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;
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 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.
Can a trustee go to jail for stealing from trust?
Under California law, the embezzlement of trust funds or property valued at $950 or less is a misdemeanor offense, which is punishable by up to 6 months in county jail. If a trustee embezzles more than $950 from the trust, they can be charged with felony embezzlement, which carries a sentence of up to 3 years in jail.
What should you not do with an inheritance?
- Don't quit your job immediately. ...
- Don't spend before you plan. ...
- Don't withdraw large sums from inherited IRAs.
How do I report an inheritance?
If you received a gift or inheritance, do not include it in your income. However, if the gift or inheritance later produces income, you will need to pay tax on that income. Example: You inherit and deposit cash that earns interest income. Include only the interest earned in your gross income, not the inherited cash.
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.
Can you go to jail for stealing inheritance?
Per California law, embezzling trust funds or property valued at $950 or less is a misdemeanor offense and is punishable by up to 6 months in county jail. If a trustee embezzles more than $950 from the trust, they can be charged with felony embezzlement, which can result in a 3-year jail sentence.
How can a beneficiary lose their inheritance?
If a will or trust contest is brought with the intention of removing a beneficiary, and it is proven that the beneficiary did in fact engage in misconduct to have the decedent drastically alter their estate plan, the beneficiary not only may lose their inheritance but they may also be responsible for covering the ...
What are the six worst assets to inherit?
- Timeshares. A timeshare is a long-term contract where you agree to rent out an annual trip to a resort or vacation property. ...
- Potentially valuable collectibles. ...
- Guns. ...
- Operating businesses. ...
- Vacation properties. ...
- Any physical property (especially with sentimental value)
What is proof of inheritance?
A Certificate of Inheritance is an official document, issued by a probate court, validating a person's legal right to inherit property or assets from an estate.
How do I report inheritance theft?
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.
Can someone take your inheritance money?
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 sue you for your inheritance?
In California, intentionally interfering with another person's expected inheritance is a tort (a civil wrong, which allows a person to sue another person in court, assuming the elements are met).
What to do if cheated out of 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.
How do you overthrow an executor?
If an interested party believes that an Executor has committed acts requiring removal, they can hire an Estate Litigation Attorney to petition for that fiduciary's removal. Further, if the Executor's wrongful act has damaged the Estate, the Attorney can also Petition to force the Executor to file a Formal Account.
Can an executor screw over a beneficiary?
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.