Inheritance Theft In Florida

Even though it may not be as common as you think, inheritance theft can, and does, happen in the state of Florida.

Going over what inheritance theft is, and speaking with a lawyer, will make it easier for you to protect your estate.

What Is Inheritance Theft? 

Inheritance theft is a form of tortious interference. And, with that in mind, tortious interference is, in this context, a situation in which an individual deliberately prevents another person from receiving their inheritance.

Some of the ways in which tortious interference can occur, with regards to an inheritance, are as follows:

• Theft
• Forgery
• Undue Influence
• Coercion
• Fraud

Some examples of the acts outlined above, regarding inheritance theft, are as follows:

• Someone overseeing your estate may remove funds or assets from it that were intended for someone else.
• Someone in charge of your estate may forge a will, or some other estate planning document, and then claim that you wrote it.
• Someone managing your estate may create a will, or another estate planning document, and ask you to sign it, even though you didn’t write it and may not agree with what it outlines.
• Someone overseeing your estate may threaten you to sign a will or estate planning document.
• Someone overseeing your estate may make a fraudulent claim – that a potential beneficiary is no longer alive, for example – that leads to you failing to include that person in your estate plan.
• Someone overseeing your estate may claim that a beneficiary made defamatory statements about you, so that you will not include them in your will.

Every single one of the above, if it occurs, can be considered an act of inheritance theft. But, the person who is accused of inheritance theft will, in almost every case, be the person who influenced you to make those decisions.

How Can An Inheritance Theft Case Proceed? 

To proceed with an inheritance theft case, the individual who is claiming that inheritance theft has occurred must:

• Demonstrate that they expected to receive an inheritance, of one sort or another.
• Demonstrate that a particular individual/party obstructed or damaged this expectancy through their actions.
• Demonstrate that this particular act of obstruction or damage forced the expectancy to change.
• Demonstrate that they suffered damages, of one sort or another, due to the inheritance theft.

If an individual can demonstrate the above, then it is very likely that they will be able to proceed with their inheritance theft case.

Even though the above is true, it is possible for any beneficiary to file a claim, alleging some form of inheritance theft.

Just as an example, if a friend of the deceased assumed that they would receive something, then they can file a claim, alleging inheritance theft.

The above is true for family members, business partners, and colleagues; among many others.

Even though this is true, it is only possible for a case to proceed, if one of the conditions outlined earlier can be demonstrated.

Speak With A Florida Estate Planning Lawyer Today 

If you would like to prevent inheritance theft, you are going to need legal help. Speak with a Florida estate planning lawyer at the Millhorn Elder Law Planning Group today and we will assist you in doing so. 

Sources: 

law.cornell.edu/wex/tortious_interference

law.cornell.edu/wex/fraud