PROBATE FRAUD

There are a number of shenanigans that can go on with wills and estates, and the administration thereof. Prior to the death of the testator (the person who made the will), there are instances of undue influence—when someone manipulates, coerces, or intimidates the testator to craft their will a certain way to reap the financial benefits.

But fraud can rear its ugly head after the passing of the testator and at the beginning stages of probate—the method by which an estate is administered and processed through the legal system. It may go unnoticed since the rightful heirs have a lot on their minds surrounding the emotional loss of a loved one. Here are a few examples:

A child written out of a will may try to obtain a copy of an old will in which he/she was still a beneficiary and submit it to probate in an attempt to receive property they’re not entitled to.

Some people aren’t above drafting a fake will or codicil (an addition to a will) and entering it into probate.

An executor is instructed to leave an estate to charity. However, the wayward executor may substitute cheap imitations of property and make off with the authentic items (e.g., antique furniture).

A child of the deceased may enter the deceased’s home without permission and remove valuable items before the probate process has officially begun.

If the deceased did not have a will, some rightful heirs may intentionally omit other legitimate heirs on the probate petition to inflate their share of the estate.

If you suspect probate fraud, contact an experienced probate attorney to protect your rights.