Inheritance theft can occur in many forms.
Ultimately, it is the wrongful appropriation of an inheritance from the rightful heirs or beneficiaries.
That could be accomplished before or after the person dies. Before a person dies, their assets can be stolen or diverted, so there is very little left in their estate. It can be accomplished after death by a bad will or beneficiary designation or by taking from an estate.
Inheritance theft might be committed by third parties, such as caregivers, neighbors, or advisors. It is also often committed by the testator’s own children or family members.
Common means of inheritance theft we often see include:
Abusing a Power of Attorney to drain a person of assets before they die, leaving little for an estate
Taking money or property from a person before they die, then later claiming it was a “gift”
Exercising undue influence to coerce someone to execute a will
Having someone without good mental capacity execute a will
Forging a will
Filing a baseless will contest without merit to hold up an estate
Abusing the position of executor or administrator to divert estate assets from the rightful heirs or beneficiaries
Abusing the power of trustee to divert trust assets from beneficiaries
Influencing someone to execute a new life insurance or account designation
Obtaining a fraudulent deed to land or mineral interests