Discovering that a sibling is stealing from an estate is devastating, 𝘣𝘰𝘵𝘩 𝘧𝘪𝘯𝘢𝘯𝘤𝘪𝘢𝘭𝘭𝘺 𝘢𝘯𝘥 𝘱𝘴𝘺𝘤𝘩𝘰𝘭𝘰𝘨𝘪𝘤𝘢𝘭𝘭𝘺. Scott Rahn, an attorney at RMO Probate Litigation—a firm specializing in probate litigation involving contested trust, estate, probate, and conservatorship matters in California and Texas—says it’s important to identify the issue as early as possible to minimize losses. This type of theft is actually common, Rahn says, and family members should know the signs, including:
Unexplained financial activityConfusing transactions—large withdrawals or transfers; unusual increases in spending; new accounts or credit cards, or names added to existing accounts as authorized users, beneficiaries, or joint owners—are red flags.
Sudden changes in estate planning documentsNewly named beneficiaries, executors, or trustees on a will or trust—especially when the new document disproportionately benefits one sibling—are another red flag.
Possession of estate assetsSometimes a sibling is caught red-handed with property or assets that belong to the estate. This sounds the alarm that these assets were acquired through theft.
Interference with estate managementSiblings should be concerned if a brother or sister hires a new or different estate planning professional, limits access to information, or excludes siblings from the decision-making processes.
If you suspect that a sibling is engaging in any of these behaviors, it’s crucial to act swiftly. Consulting with a probate attorney can help you protect the estate and preserve your rightful inheritance. While confronting a sibling about estate theft can be emotionally draining, delaying action may lead to greater financial losses and deeper family rifts. Clear communication and legal guidance are key in navigating these challenging situations and ensuring that justice is served, even within the confines of complex family dynamics.
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