When a loved one passes away, families often come together to grieve, remember and support each other. But amid the sorrow, a legal process begins: the court-supervised distribution of a deceased person’s estate.
While most expect this to be a smooth, respectful transition, reality can sometimes be more painful: even trusted family members can take advantage of the situation and steal from the estate during probate.
Common forms of estate theft by family members
Executors or close relatives might:
- Write checks to themselves
- Siphon off cash
- Use estate accounts for personal expenses
Without diligent oversight, these actions can go unnoticed for a long time. Furthermore, jewelry, antiques, collectibles and even vehicles may mysteriously disappear before they’re inventoried. Some family members might enter the deceased’s home and remove valuables, assuming no one will notice.
In more extreme cases, a family member might forge a will or manipulate the deceased into signing a new will under pressure shortly before death, skewing inheritance in their favor.
Moreover, a dishonest family member may sell estate property below market value to a friend or associate, only to share profits later in private. They might also delay selling assets to create confusion or obstruct the probate process.
Protecting the estate and holding people accountable
If a family in mourning suspects someone is stealing from their loved one’s estate, it’s important to act quickly. The family can start by requesting a full accounting from the executor. The family can also file objections in probate court and request the appointment of a neutral, court-supervised administrator.
The unfortunate truth is that greed can surface even in times of loss, and family members can exploit the probate process for personal gain. Understanding the risks and enlisting reliable legal guidance can protect a loved one’s legacy and help ensure their wishes are honored.
