Has someone stolen your inheritance? Don’t worry—we’ll explain how to recover the stolen inheritance.

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.

However, making the right decision at the right time can help a lot in recovering your stolen inheritance, and that’s where this guide will prove helpful. We’ll discuss your legal options, how you can prove inheritance theft, statutes of limitation, and everything important.

Red Flags: Signs of Inheritance Theft

Before we go further into how you can recover stolen inheritance, it’s important to understand the signs of inheritance theft. Your claims need to be solid—if everything is based on intuition, the court will never take you seriously.

• Suspicious Changes in Will: If you learn that the deceased made changes in the will in their last days without informing anyone, it could be a red flag, especially if the person was ill.
• No Documentation: The executor must document everything about the distribution of assets. If you find gaps in record-keeping or a lack of transparency, it’s time to ask questions.
• Different Version of Will: If multiple copies of the Will are floating around with conflicting instructions, something’s fishy. This could indicate tampering or forgery, and it’s a situation that demands immediate legal attention.
• Surprised Debts: Suddenly finding out that the deceased owed money to people you’ve never heard of is a major red flag. These “debts” could be attempts to siphon money from the estate.

What Options Do You Have If Someone Steals Your Inheritance?

Once you notice the signs we’ve mentioned above of stolen inheritance, you can take legal action. There are a few things you can do, such as contesting the will if there is more than one version.

You can also sue someone for forgery or fraud. The legal actions depend on the reasons you have for the case, so it’s better to consult with a lawyer who can guide you on the appropriate grounds for filing the case in court.

Just make sure to consider the statute of limitations. Different states have different time limits for filing inheritance disputes or lawsuits. For example, in California, you have 120 days to challenge the validity of the will after it’s admitted for probate.

For the breach of fiduciary duty, the statute of limitation is 3 to 4 years (California’s Code of Civil Procedure, section 343). Remember, a three-year limitation is in case of constructive fraud. These laws may be different depending upon the state you live in.

How To Prove Inheritance Theft? Evidence You Need

After filing the case, you have to prove the theft in court, which isn’t an easy process, especially for someone who has no idea what evidence works in the court and what does not. This is why we’ve compiled this list to guide you about how you can find evidence:

• Collect financial records: Get bank statements, credit card bills, and estate accounts to track suspicious transactions.
• Gather witness statements: Get written accounts from people who observed suspicious behavior or heard incriminating conversations.
• Obtain medical records: If you’re claiming the deceased lacked mental capacity, get documentation of their health status.
• Document timeline of events: Create a detailed chronology of important events before and after the death.
• Secure expert opinions: Consult professionals like forensic accountants or handwriting experts to analyze evidence. 

What Do You Do When A Sibling Steals Your Inheritance?

When a sibling takes your inheritance, you have two choices: try to settle the issue outside of court or take legal action. Resolving things without legal involvement can save time and money, especially if your sibling agrees to return after receiving a lawyer’s demand letter.

However, if they refuse and continue to withhold your inheritance, you can move forward with a case. Once the case is filed, the court will decide who the rightful owner is based on the evidence presented, and the inheritance will go to the rightful owner.

Final Thoughts

To recover stolen inheritance, you will need to file a case in the court against the culprit. The decision will be based on the evidence you’ve gathered for the case, so make sure you have all the necessary evidence to support your claim.

If you don’t know how you can find the evidence to strengthen your case, consult with an experienced probate litigation lawyer. Your lawyer not only guides you through the legal process but also represents you in court and will make sure to recover the stolen inheritance.