At some point in our life, many of us have already experienced various forms of theft, such as having our wallets stolen, etc. However, you may not be aware of one type of theft: inheritance theft.
As beneficiaries, inheriting property or assets from a loved one will always be a privilege. Unfortunately, not everyone entitled to an inheritance ends up receiving it. This is because inheritances can be stolen like every other valuable possession. And the sad reality is that inheritance theft can be perpetuated by anybody, including family members, executors, trustees, or others who have access to the deceased person’s assets.
Therefore, as a beneficiary, if you suddenly suspect your inheritance has been stolen, then this blog post is just for you. In this post, we will discuss what you can do if you were Cheated Out of your Inheritance and how to go about it.
So, let’s get on with it.
How to Find Out if You Have an Inheritance
Before claiming your inheritance has been stolen, you must own or be eligible for one. Therefore, if you live in Canada and want to find out if you have been named in a will or trust, this section is for you as we will explain several steps you can take to find out if you have been named in a will or trust.
- Hire a lawyer: The simple truth is that inheritance laws in Canada, and almost everywhere in the world, are very complex. Hence you may not be able to handle it all on your own. So, if you want to find out if you have been named in a deceased last will or trust, you should hire a lawyer specializing in estate law. Real estate attorneys have all the experience and skills to navigate the probate court processes.
- Contact the executor: The executor can be seen as an individual or organization charged with administering the deceased person’s estate. If you are unsure about your eligibility status for an inheritance, you should endeavor to contact an executor to find out if you are a beneficiary of the will.
- Check with the probate court: If you can’t contact an executor of the will before the will gets submitted for probate. You can check with the probate court in the jurisdiction where the deceased person lived before the will becomes a public record.
What to do if You Were Cheated Out of Your Inheritance?
If you suddenly discover that you have been cheated out of your inheritance, you should take the steps discussed in this chapter. However, before taking any of these steps, you must be very patient because inheritance disputes are always complex and emotional; therefore, you wouldn’t want to hasten the process.
First and foremost, to reclaim your inheritance, you will need solid evidence supporting your claims in a court of law. If you present your case in a court of law, you will typically be required to produce copies of the will or trust, bank statements, and communication between the parties involved. You have solved the first hurdle if you can present any of these documents.
After gathering all the evidence, Hiring an experienced estate law attorney to help you understand your legal rights and options will be advisable. Aside from helping you understand your right and options, an estate attorney will always help you gather additional evidence that you will need and also represent you in a court of law if necessary.
After you have secured the service of a lawyer, the next step would be to contest the will or trust in a court of law. To some extent, this step is the most challenging as the series of court appearances that will follow will likely drain your energy. But you will win the case if you persevere and are sure that the will or trust was forged or executed under duress or undue influence.
After you have contested the will, the next step is to file a lawsuit against the individual you believe fraudulently obtained your inheritance. If you win in court, your inheritance will be returned to you. Lastly, you should try to report fraud or inheritance theft to the police. Getting the police involved in such cases is very important for security reasons.
How to Avoid Having Your Inheritance Stolen
Even if you haven’t experienced inheritance theft before, it is still important that you prepare for a situation like that because you will be saving yourself and your loved ones from a lot of stress when inheritance theft happens. So, below are some helpful tips to help you avoid having your inheritance stolen.
- Have a will or trust: The best way to prevent inheritance theft is to contact a lawyer to help you create a legally binding will or trust to ensure that all your assets are distributed to the beneficiaries as stated in your will.
- Keep your estate plan up-to-date: Death is inevitable, but the most depressing part is that death can come knocking anytime. Therefore, you must review your estate plan regularly and make changes as necessary to reflect your current wishes and circumstances.
- Choose the right executor or trustee: The executor you choose for your will is as important as the will itself. So, when you choose an executor for your estate, you must pick someone you can trust. Make sure they are reliable and have your best interests in mind.
- Be cautious of joint accounts: Joint account is a brilliant concept, especially for married couples. But when it comes to estate planning, we will always advise people to consider alternative transfer methods to avoid issues.
- Communicate with your family: You may not know this, but having open communication with your family about your estate plan and your wishes can go a long way in preventing inheritance theft from ever happening. When you communicate with family members, misunderstandings and disputes will not occur after you pass on.
- Get advice from a real estate attorney: Consult with an attorney or financial advisor specializing in estate planning to ensure your assets are protected, and your wishes are carried out.
Conclusion
Recovering a stolen inheritance can be daunting, but it is possible. It requires taking legal action and seeking the assistance of a reliable and experienced law firm. By documenting evidence, presenting a strong case, and working with the appropriate authorities, it is possible to recover what is rightfully yours.
If you need legal assistance to recover your stolen inheritance, Saanichton Law is here to help. With our experienced lawyers and resources, we can guide you through the legal process and fight for your rights. Don’t hesitate to contact us at Saanichton Law today and take the first step towards recovering what is rightfully yours.
