Inheritance theft is a deeply personal and emotionally charged issue, especially when your sibling is the culprit. Fortunately, Mississippi law provides clear pathways to address what to do if a sibling steals your inheritance. At Harris Law Firm, we understand how challenging and frustrating inheritance disputes can be.
We have decades of experience to help you address the wrongs your sibling might have committed. Below, we review inheritance theft scenarios and explain how to take action to recover what is rightfully yours.
Is My Sibling Stealing from an Estate?
There are several ways that a sibling might take more than their fair share of an inheritance and leave you empty-handed. A sibling or anyone who had contact with a deceased loved one might use the following tactics to take inheritance money from you or others in your life.
Theft Through a Fraudulent Will
Siblings may use a fraudulent will to redirect an inheritance to someone not legally entitled to it. This type of will is one that is:
- Forged;
- Altered; or
- Signed under duress, coercion, or undue influence.
If a decedent left a will, that document is admitted to probate to test its validity. Once you receive proper notice that a sibling or someone else will present a questionable will for probate, you can contest that will before the process begins. You must submit your written objection to the clerk’s office, where probate will occur. If whoever presents the will does not properly notify others about submitting it to probate, you have two years from the probate date or from when you should have known about any fraud to contest that will’s validity.
To contest a will, you may have to present the following evidence:
- Copies of altered documents,
- Handwriting analysis to show that the departed loved one did not write the will, or
- Testimony or correspondence to show coercive behavior against the decedent.
The above are just some types of evidence you might use to prove fraud in a probate case. Our highly knowledgeable attorneys can identify the best evidence for your case and quickly gather it with our legal tools.
If the court determines a will is invalid, it may revert to a previously valid will. However, if the decedent did not leave a will, the court distributes the estate under Mississippi’s intestacy laws.
Theft Through Concealed Property
The amount that each heir or beneficiary receives after a loved one dies depends on the value of all assets in that individual’s estate. An unscrupulous party in a probate matter may hide or fail to disclose assets to keep a decedent’s property for themselves. If someone hides assets in a decedent’s estate, their actions could reduce another beneficiary’s share.
In general, estate executors and administrators must inventory all property owned by the decedent. If an executor or administrator fails to provide a detailed inventory, or if you suspect that someone has concealed property, you can do the following:
- Demand a complete inventory. You can ask the court to enforce the executor’s duty to file a complete inventory. A failure to return an inventory can lead to the removal of the executor or administrator.
- Seek discovery. You can alert the executor or administrator about hidden assets so that they can request court-ordered discovery to uncover hidden property. The discovery might require other parties in the probate case to provide evidence such as accounting books, property deeds, and financial statements that reflect what is in the decedent’s estate.
We can help you fight against an administrator’s or executor’s neglect of duties and ensure full accounting of a decedent’s property during probate.
Theft Through Mismanagement of the Decedent’s Property
Whether a decedent gives property to others through a will or a trust, will executors, administrators, and trustees of trusts have a fiduciary duty to handle the property for the benefit of the beneficiaries. Breaches, such as mismanagement or self-dealing, can harm beneficiaries and might include improper acts such as:
- An administrator or trustee using estate or trust property for their own purposes;
- A trustee or executor failing to pay estate debts on time and incurring interest and higher debt against the estate; and
- An executor or trustee failing to protect estate or trust property and causing property loss.
To address a breach of fiduciary duty, you can ask the court to do the following:
- Enter an order demanding that the executor, trustee, or administrator stop their breaching activity;
- Remove and replace the executor, administrator, or trustee;
- Enter an order demanding that the executor, administrator, or trustee pay for financial losses caused by their breaching activity.
Mississippi courts take breaches of fiduciary duty seriously and have broad authority to hold administrators, executors, and trustees accountable.
Take Action with Harris Law Firm Today
Inheritance theft is a financial loss and a violation that can disrupt family relationships. At Harris Law Firm, our award-winning team in Mississippi is here to fight for what is rightfully yours. Talk to us immediately if you need to know what to do if a sibling steals your inheritance. Contact us today by phone or online to schedule a consultation.
Resource List
- Mississippi Code, §91-7-7, link.
- Mississippi Code, §91-7-105, link.
- Mississippi Code, §91-7-107, link.
- Mississippi Code, §91-7-103, link.
- Mississippi Code, §91-7-47, link.
- Mississippi Code, §91-8-804, link.
- Mississippi Code, §91-8-809, link.
- Mississippi Code, §91-7-285, link.
- Mississippi Code, §91-7-289, link.
- Mississippi Code, §91-8-1001, link.
- Mississippi Code, §91-7-249, link.
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