Standing Your Ground Against Inheritance Hijackers

Inheritance hijacking, or inheritance theft, occurs when someone unlawfully interferes with your right to inherit assets from a loved one. This can happen through undue influence, coercion, manipulation of legal documents like wills, financial misconduct on the part of trustees or executors, or even outright theft. It’s a deeply distressing form of betrayal that not only affects your financial stability but also your emotional well-being.

At Burandt, Adamski, Feichthaler & Sanchez, PLLC, we help victims of inheritance theft recover what’s rightfully theirs. Our attorneys have handled more than 1,000 inheritance theft disputes, mostly among family members. We understand – and have seen firsthand – how inheritance disputes tear families apart like no other family rift. We handle these cases with sensitivity while diligently pursuing effective avenues to right the wrongs that have occurred.

How To Deal With Inheritance Theft

If you suspect that your inheritance rights are being threatened or compromised, it’s crucial to act swiftly and decisively. Here are some steps you can take:

• Document everything: Keep records of all relevant communications and documents. These can play a key role in proving your case.
• Seek Legal Advice: Contact an attorney who understands Florida’s inheritance laws. Our lawyers can provide accurate guidance based on extensive experience and in-depth knowledge of probate and estate law.
• File a police report: If theft is involved, filing a police report can initiate criminal proceedings and serve as objective documentation.
• Initiate legal action: A lawsuit may be necessary to recover your inheritance. Our attorneys can advise you on whether and when this is an appropriate step.

In Florida, legal actions might include contesting a will or filing a suit for restitution. Our attorneys are well-versed in the state-specific laws that apply in these situations. With our comprehensive approach, we aim to provide peace of mind and ensure that justice is served.

Legal Grounds For Challenging Inheritance Theft In Florida

Inheritance theft usually fits one of these Florida legal theories:

• Undue influence: Section 732.5165 voids any will or provision obtained through fraud, duress or undue influence, while § 736.0406 applies that rule to trusts.
• Fiduciary misconduct: Personal representatives and trustees who misuse what they manage may face liability under §§ 733.609 and 736.1001.
• Elder exploitation: Florida law makes it a crime to take an older adult’s property through deception or misused confidence.

A police report makes sense when someone forged documents, emptied accounts or exploited an elderly relative. Disputes over whether a will reflects the decedent’s true wishes usually belong in probate court instead. Our attorneys can tell you which path fits your facts.

Frequently Asked Questions About Inheritance Theft In Florida

Lee County families often raise the following questions:

How long do I have to contest a will or report inheritance theft in Lee County, Florida?

If you receive a notice of administration, you generally have three months from service to object to the will. A revocable trust challenge may close six months after the trustee sends you the required notice. Theft claims carry other limits, so contact a local attorney quickly.

What evidence do I need to prove undue influence in a Florida probate court?

Florida courts often weigh the Carpenter factors, such as whether the beneficiary attended the signing, recommended the attorney, knew the will’s contents in advance or kept the will afterward. When a beneficiary in a close relationship actively arranged the will, the burden shifts to that person to disprove undue influence.

Who is legally allowed to challenge a suspicious will or trust in Florida?

Florida law allows an “interested person” to challenge, meaning anyone the outcome may reasonably affect. This often includes children, spouses and other heirs, plus beneficiaries under an earlier will or trust. Generally, you must stand to gain if the challenged document fails.

Representative Cape Coral Case Experience

Many disputes we handle follow a familiar pattern. A relative moves in to help an aging parent, gains control of bank accounts and steers a late change to the will. In these matters, we trace the money, compare earlier estate documents and question the people present at the signing. Partner Robert C. Adamski draws on this work in his book.

We Wrote The Book On Preventing Inheritance Theft

We saw an urgent need to educate our clients to the dangers of inheritance theft before it occurs in hope of avoiding the theft and saving the family. This effort was so well-received, it soon grew into a book to serve the general public. Called “Inheritance Hijackers: Who Wants to Steal Your Inheritance and How to Protect It,” the book covers:

• Who steals inheritances
• Why, when and how inheritances are stolen
• Why we are all potential victims
• How to protect yourself

Partner Robert C. Adamski authored the book, and it’s widely available on Amazon and other retailers.