What To Do If Someone Is Stealing From An Estate
When a loved one passes, emotions can be at an all-time high. From funeral planning and taking care of financial obligations to dealing with their home and possessions, you may or may not notice certain assets have gone missing.
Consulting with a professional estate planning service in Birmingham, AL is one of the first steps to take to ensure that your assets remain safe and secure. You might be thinking, "What steps can I take if I suspect that estate theft has occurred?” We’ll go over that here.
#1: Take Inventory
In most cases, there is an executor or administrator appointed to look after the deceased's estate. They will compile a list of assets and gather the proper documentation. If items go missing, the executor must determine if the things have gone missing or if they’ve been taken without permission.
There are a few things that indicate estate theft or other possible interference with a loved one’s estate plan. Here is a list of questions that you can take note of while you are going over the inventory of the estate's assets and the administration of the estate:
Were there any amendments (or codicils) made to the will before the decedent's death?
Were any close family members unreasonably excluded from an inheritance?
Is any of the decedent's personal property missing?
Is there a non-family member that stands to inherit the estate or any significant part of it?
Were any items or property given away just before the decedent's death?
Did an attorney witness the will being signed?
#2: Hire a Forensic Accountant
Hiring a forensic accountant is one sure way to rule out whether someone has been stealing from an estate. They will inspect and examine the financial and property records of the decedent. They will spot irregularities or missing items from the estate. If theft is suspected, they can also calculate any damages that have resulted from the robbery.
#3: Recover Stolen Assets
Executors may be able to resolve possible estate theft without having to involve a lawyer. Once the items in question have been identified as missing or stolen, you are better equipped to attempt to recover those items through the appropriate legal channels.
Communicate with the Beneficiary in Question
By opening up the lines of communication with the suspected beneficiary, you can then determine if they are knowingly stealing from an estate or unaware that their actions were illegal. For example, a child of the deceased may feel as though specific photographs belong to them, but they did not go through the proper channels to see if those items were left to them in the estate.
You might be able to address these issues by having a simple conversation to explain the rules of estates and wills. However, in some cases, if a theft involves the modifying or forging of deeds or withdrawing money from the deceased's bank account, a judge may have to intervene to help recover the assets in question.
Filing a Lawsuit
Taking from an estate without permission from the probate court judge or the executor of the estate is illegal. You may be able to obtain a court order from the probate judge to return the missing items or involve probate litigation to determine if a beneficiary stole the assets.
However, a judge cannot generally disqualify any beneficiary from receiving their inheritance. Still, the judge can make the beneficiary pay for any damages involved with the stolen estate items in question. An executor (or personal representative of the estate) must present proof (in the form of documents or testimony) that the items in question were stolen. A judge can then make the beneficiary return the assets in question and request that the beneficiary pays for any damages to those assets.
If the executor carried out the theft, the judge might remove them from being the executor. In more severe cases, the judge may charge the beneficiary with civil or criminal charges. Determining and returning stolen property or recovering the losses of damaged items from the deceased's estate may be complicated. By seeking the legal help of a probate lawyer, you have a better chance at making sure the estate is not compromised.