The Expert Podcast

Probate Fraud: How Inheritance Gets Stolen


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Description:

  • Topic: Inheritance Theft and Probate Fraud: Understanding the Growing Issue
  • Overview: Inheritance theft, also known as probate fraud or family fraud, is becoming one of the fastest-growing forms of fraud. This episode explores the problem, how it happens, and how to investigate and protect yourself from it.

Key Points:

  • What is Inheritance Theft?
    • Inheritance theft occurs when a family member unlawfully takes assets from a deceased relative’s estate.
    • Assets involved may include property, bank accounts, vehicles, and more.
    • This fraud often happens after the death of older relatives like grandparents, and can include hidden assets, fraudulent transfers, or improper actions by executors of the estate.
  • Common Methods of Fraud:
    • Family members may transfer assets before probate or attempt to hide certain belongings, like vehicles or bank accounts, from other relatives.
    • Some may even transfer assets to themselves or others before the person dies or before the estate goes to probate.
  • How to Investigate:
    • Conduct a thorough asset search and forensic analysis to track any transfers that occurred around the time of death.
    • Pay attention to fraudulent conveyances (unlawful transfer of assets) and hidden assets that may not be immediately visible.
  • The Role of Executors:
    • Executors of estates must handle assets properly. If they mismanage assets, it can lead to legal consequences, including criminal charges in some states.
  • What to Do if You’re a Victim:
    • Create an inventory of the deceased person’s assets. Don’t assume you know everything; hidden assets like retirement accounts or brokerage accounts may exist.
    • Seek legal advice, especially if you suspect probate fraud or inheritance theft.
    • A proper asset search can reveal fraud and help recover lost assets. You may also be able to ask the court to impose penalties on the fraudulent person.
  • Why It Matters:
    • Even if you don’t need the money, addressing inheritance theft is crucial to ensure fair distribution of assets and to prevent future fraudulent actions.
  • Takeaways:
    • Be vigilant about the assets your family members own.
    • Consult a lawyer if you suspect any wrongdoing.
    • Ensure proper documentation and asset forensics are in place to safeguard your inheritance rights.

Call to Action: If you think you’re a victim of inheritance theft, get legal advice and start an asset search today to protect your rights and family’s legacy. 

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