If you believe your inheritance has been stolen, the first step is to contact an experienced probate litigation attorney. They can help you understand your legal options and what type of proof you will need to recover your stolen inheritance successfully.

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The steps you will need to take to address the theft depend on how your inheritance was stolen. For instance, someone may have illegally manipulated your loved one to change their will before they died or forged a will leaving your inheritance to them. Inheritance theft can also occur after death if someone takes a physical item that is left to you in the will or if the executor misappropriates the deceased person’s assets.

Whatever your situation, it is crucial to work with a probate litigation lawyer throughout the process. An attorney can advise you on the best course of action for your particular circumstances and guide you every step of the way.

How Do You Fight for Your Inheritance?
The first step in fighting for your inheritance is to understand how your inheritance was stolen.

If the issue is with the will, you can file a will contest in probate court, which is a legal challenge to the validity of a will. However, in order to contest a will, you must have specific legal grounds to do so.

Some of the most common reasons for contesting a will include:

Undue Influence — Undue influence occurs when someone uses their position of power to convince the testator to change their will when they otherwise would not have done so.
Duress — Duress occurs when someone threatens to inflict physical injury or other types of harm in order to coerce the testator into changing their will
Fraud — Fraud can occur if the testator is fooled into believing something that isn’t true, causing them to change their will, or if someone tricks the testator into signing an updated will by claiming it is another document.
Forgery — Forgery occurs when someone falsifies the will and/or the testator and witness signatures.
Lack of Testamentary Capacity — Lack of testamentary capacity means that the testator wasn’t mentally competent enough to understand the nature of their property and/or that they were making a will when they created the will.
Failure to Follow Legal Formalities — A will may be invalidated if it does not comply with certain formalities, such as being properly witnessed.
Each situation is unique, so it is important to speak with an experienced probate litigation lawyer about your case. Your attorney will review the circumstances of your case and advise you on the best course of action.

Can I Sue My Brother or Sister for Stealing My Inheritance?
Yes, you can sue a sibling who steals your inheritance. However, in our experience, you can often recover your stolen inheritance without resorting to a lawsuit with the help of an experienced probate litigation attorney.

If you believe that you are entitled to an inheritance but have not received notice or any other communications from the estate’s personal representative, you should discuss your circumstances with a probate litigation attorney as soon as possible. You may need to take legal action to secure your inheritance.

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About RMO Lawyers:
RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas.

Our founder, Scott E. Rahn has been named “Top 100 – Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation