One of the best ways to stop inheritance hijacking before it happens is to ensure that your estate plan is up to date and thorough. If you have all of your papers in order, it will be difficult to dispute them, and will be an added layer of protection to your Estate after you pass.
Generally speaking, forging a signature is against the law. It is a criminal offense in most states. You have the option to report your brother's transgression to the police. If the sale of the home resulted in your brother taking inheritance from you, then that may be considered theft.
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.
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 ...
the crime of using force or threats to take control of an aircraft, ship, car, etc., or an occasion when this happens: The attacks included the hijacking of four planes.
Inheritance can be stolen in different ways. For example, after the death of a loved one, someone may physically take an inheritance that the decedent left for you in their Will. Inheritance can also be stolen through the manipulation of a testator or the forging of a Will.
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.
Sister Cheated Me Out of Inheritance
When suspecting a sister of fraudulently depriving one's inheritance, legal action can be taken. By presenting evidence in court of her breach, a surcharge action can be initiated, making her responsible for damages to the estate from the inheritance misappropriation.
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 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.
Under 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 carries a sentence of up to 3 years in jail.
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.
California is a community property state, meaning that half of the assets acquired during a marriage automatically belong to the spouse. As a result, you cannot disinherit a spouse entirely, as they are entitled to their share of the community property.
A perceived unfairness
A family member may become disgruntled that someone else is receiving a higher value of assets. Or, someone may feel aggrieved that another person is set to receive a sentimental family heirloom.
If your situation meets the required elements for a legal claim, you absolutely can. 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).
Something an executor generally must do, however, is pay all valid creditor claims and outstanding taxes before making any distributions to beneficiaries. If the estate does not have sufficient funds to fulfill these financial obligations, beneficiaries' inheritances could potentially be reduced or eliminated.
In most jurisdictions of the world, aircraft hijacking is punishable by life imprisonment or a long prison sentence. In most jurisdictions where the death penalty is a legal punishment, aircraft hijacking is a capital crime, including in China, India, Liberia, and the U.S. states of Georgia and Mississippi.
During an emotional hijack, our thinking brain gets paralyzed, which means our IQ drops, we lose the ability to make complex decisions, we no longer see other perspectives and our memory becomes compromised — Not the most helpful scenario in social settings.
Psychological consequences
Victims are confronted with overwhelming feelings of shock, disbelief, confusion, helplessness as well as feelings of powerlessness and a loss of control during a hijacking.