When you’re dealing with the loss of a loved one, it can be heartening to receive the inheritance they left you through their will or trust; your inheritance is the lasting legacy of your family member or friend. But probate fraud could rob you of that inheritance and taint that legacy.
Let’s discuss what probate fraud is, how you can identify it, and what you can do about it.
What is Probate Fraud?
Probate fraud, also known as estate fraud, occurs when someone uses manipulation or deception to unfairly influence how estate assets will be handled.
There are different types of probate fraud, but they all typically involve actions that undermine the validity of a will, misappropriate estate assets, or deceive beneficiaries about their inheritance rights.
Probate fraud can have severe consequences for victims, both financially and emotionally, and can lead to significant financial losses, family disputes, and emotional distress.
Understanding probate fraud can help you identify suspicious activity during the probate process so you can take the necessary actions and precautions before you become a victim.
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Types of Probate Fraud
There are several common types of probate fraud:
- Forged Wills: Creating a fake will to benefit the forger or someone else at the expense of legitimate beneficiaries.
- Undue Influence: Someone exerting undue pressure or coercion on a testator to change their will in their favor. For example, an older person who can no longer make decisions for themselves may be coerced into changing their will / trust without understanding or agreeing to the changes they’re authorizing.
- Misappropriation of Assets: The trustee / executor / other individuals involved in the probate process stealing or misusing estate assets.
- False Claims: Individuals making false claims who are not entitled to inherit from the estate.
- Estate Theft: Someone transferring assets out of the estate before the probate process begins to avoid claims by creditors or potential beneficiaries.
- Identity Theft: Using the deceased person’s identity to access their assets or obtain loans.
Related Blog: What An Executor Cannot Do — And Also What They Can
How To Avoid Probate Fraud
If you’re planning your estate, you can use the following strategies to protect your will or trust from probate fraud:
- Create a Comprehensive Estate Plan: A well-drafted estate plan can help prevent disputes and ensure that your assets are distributed according to your wishes. This may include a will, trust, living will, and power of attorney.
- Choose a Trustworthy Executor or Trustee: Carefully select an executor or trustee who is honest, reliable, and capable of managing your estate. Consider appointing a professional fiduciary if you have concerns about potential conflicts of interest.
- Communicate with Your Beneficiaries: Clearly communicate your wishes to your beneficiaries and keep them informed about the probate process. It might feel uncomfortable talking about money and inheritance with your family and friends, but this is truly one of the best ways to clarify the intentions of your estate gifts and prevent disputes from happening.
- Consult with Experts: When you’re planning your estate, it’s helpful to seek guidance from estate planning experts or even fiduciary attorneys to make sure there are no holes in your will or trust that could open the door to estate disputes or litigation.
Related Blog: Choosing the Right Executor for Your Will
What To Do if You’re Dealing with Probate Fraud
If you suspect or have evidence of probate fraud, then you should immediately reach out to attorneys who specialize in estate litigation — it’s very difficult to battle these situations on your own without a thorough knowledge of the probate process and the legal avenues you have to protect your inheritance and the legacy of your deceased family member.
Estate litigation attorneys can help you:
- Gather Evidence: Collect any documents, emails, or other evidence that supports your suspicions of fraud. You may also need to document your interactions with the trustee / executor, beneficiaries, or other relevant parties; a fiduciary attorney can provide you with guidance on how to do that.
- Evaluate Your Strategies / Options: A fiduciary attorney can help you assess the situation and figure out what your best strategies are for moving forward with your case and securing a strong outcome.
- File a Complaint: A fiduciary lawyer can help you file a complaint in probate court to redress the fraud.
- Protect your Interests: Whether you’re the administrator of the estate or a beneficiary, a fiduciary attorney can make sure that the estate is properly adminitered and/or that your rights and inheritance are protected.
Related Blog: When To Hire an Estate Litigator
Probate Fraud in Georgia
If you’re dealing with probate fraud in Georgia, reach out to Gaslowitz Frankel today. Set up a consultation where you can speak with our attorneys about your situation. Based in Atlanta, our team of legal experts handles Georgia-based fiduciary cases that include will disputes, trust disputes, and more.
