A: In California, to determine if someone has taken your rightful inheritance, you should first obtain copies of any wills, trusts, and life insurance policies that may have named you as a beneficiary. This can be done by requesting these documents from the estate executor or the insurance company.
Inheritance theft can also occur after death if someone takes a physical item that is left to you in the will or if the executor misappropriates the deceased person's assets. Whatever your situation, it is crucial to work with a probate litigation lawyer throughout the process.
Use a Free Unclaimed Inheritance Search
You simply enter your name and the deceased's name. The service will then see if the deceased owned any property that went to a government agency. You can also perform a search through the unclaimed property office in the state where your loved one lived.
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.
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).
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.
www.unclaimed.org is the website of the National Association of Unclaimed Property Administrators. This is a legitimate site created by state officials to help people search for funds that may belong to you or your relatives. Searches are free.
If they used a Will, then it is the executor who should be notifying you, generally within a few months of the death. If they used a Trust, then it is the trustee who should be notifying you. The timeline is much shorter. California laws, for example, require that beneficiaries are notified within 60 days of the death.
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.
Talking with an experienced estate planning attorney can help you determine if you have standing and grounds to file a claim for inheritance theft. Your attorney may advise you to take certain steps to develop a case, including: Taking an inventory of the estate's assets.
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.
The best place to begin your search is www.Unclaimed.org, the website of the National Association of Unclaimed Property Administrators (NAUPA). This free website contains information about unclaimed property held by each state. You can search every state where your loved one lived or worked to see if anything shows up.
Inheritance Hijacking Defined
Someone exerts undue influence over a person and convinces them to name them an heir. For example, a caregiver might exert undue influence over an elderly person with memory issues. If someone pressures an estate holder to make them an heir, it may result in inheritance theft.
If you or the estate has suffered financial loss due to the executor's conduct, then a civil claim for breach of trust can be made against them for redress. In some circumstances an application to the court to remove the executor can also be made.
In summary, when there's unclaimed inheritance in a Will, the inheritance is passed on to the next-in-line kin per the state's succession rules. If the court cannot identify a rightful heir, the assets and property are absorbed by the state.
The National Association of Unclaimed Property Administrators' website www.unclaimed.org is an excellent resource. This association consists of state officials charged with the responsibility of reuniting lost owners with their unclaimed property.
In Summary. In short, here are the three ways you could be disinherited: (1) full disinheritance, (2) retaining your inheritance in trust with a hostile trustee managing it, or (3) a reduced share that forces you to make a tough decision.
It's important for beneficiaries to keep in mind the ways an executor cannot override a beneficiary. For example, an executor cannot change beneficiaries' inheritances or withhold their inheritances unless the will has expressly granted them the authority to do so.
All current beneficiaries, beneficiaries who were in previous versions of a will or trust, and heirs have the right to sue other beneficiaries or the trustee for their inheritance.
Under Section 9050 in the California Probate Code, a personal representative is supposed to let the known heirs and beneficiaries know within 60 days from the first evidence gathering in the probate process in California.
Writing a will and naming beneficiaries are best practices that give you control over your estate. If you don't have a will, however, it's essential to understand what happens to your estate. Generally, the decedent's next of kin, or closest family member related by blood, is first in line to inherit property.