Unfortunately, although matters of the estate usually revolve around the family, it is not an area that is immune to fraud. Many people will go to extreme lengths to secure their inheritance, and that can include breaking the law and committing fraud against a family member. This is why it is important to go to great lengths in order to ensure the protection of your will or trust.
This blog will serve as a brief overview into estate fraud, the different types that exist and the steps that can be taken in order to prevent it.
Fraud in the inducement
Fraud in the inducement takes place in a situation when the person committing the fraud convinces another person of a lie so that this person will distribute his or her assets in a will or a trust to the fraudulent person’s advantage.
Fraud in the execution
Being fraudulent in the execution of the will or trust can occur when the documents are misrepresented or forged by the person committing the fraud.
Duress can also occur in the context of wills and trusts. This is when the fraudulent person threatens the person who is executing the will or trust or uses violence to coerce the testator to act in his or her favor.
Proving and dealing with fraud
Sadly, the fact that someone committed fraud on a will or a trust may only be discovered years later, after the estate or trust has been administered. It is still possible to sue, however, under the claim of tortious interference of expectancy. This means that someone interfered unlawfully with the course of events to receive an expected gain.
If you want to know how to prevent estate fraud, an estate planning attorney can provide more information. He or she can also help you create important estate planning documents that set forth your wishes legally. For more information or to reach an estate planning attorney, contact the Quinn Law Firm at 814-833-2222.
Source: this matter, “estate fraud,” accessed Sep. 29, 2017