The Expert Podcast

Probate fraud cases and probate discrepancies are one of the biggest growing areas of concern for family estates. A lot of times somebody in a family will die and there's a lot of assets to be distributed - there may be a house, there may be retirement funds, 401ks, vehicles, all kinds of stuff needs to be distributed. And if it's done incorrectly, the wrong people could get the money, people could get more than they deserve, less than they deserve. So it's very important to have good legal advice go into this.

But also good investigative research. You want to make sure that all the assets that are part of an estate are accounted for. You want to make sure that nobody has done anything funny with the assets before the estate is settled. Sometimes people even start moving assets around before a relative dies - they'll sell a house, they'll sell a car, they'll move money from bank accounts. Make sure that if you're part of a family that has a person that's getting older, maybe they've died, maybe they're in extended care long-term care, that you start paying attention to the assets to make sure that they are not being diverted improperly, to make sure that nobody's moving them to places that they shouldn't.

This is like an epidemic - there's huge amounts of fraud in family law cases. Part of it because some generations feel like they've been cheated out of their inheritance, they don't have enough money, maybe they're, you know, the economy inflation is facing them and they say well here's my chance to get caught up in the world and I'm going to take some money from this estate and you take it from other people.

Look, if you're part of a family and you think another person in your family should deserve more than you from the estate, that's fine - have the estate or the will give it to you first and then you give it to them. That's what the person wanted. That's what a will means - it's like their last will, it's what they want to have done. If you let somebody else steal from that, you're kind of discrediting and dishonoring the wishes of that person of your relative that's deceased and you want to honor that.

Pay close attention to what's going on with assets in the estate and make sure that it matches what the wishes of that person is and the family is, and also that it's done properly because you don't want to end up with tax liabilities or other types of claims against you for letting something happen that wasn't supposed to happen. Make sure everything goes through the right way, but you need to start with a very good asset inventory of all the assets - ones you know about and ones you don't - by a licensed private investigator.

And if you'd like to talk more about assets and probate and different types of investigative services, you can click the link below. We can do a consultation with you about going through assets and even looking to have a strategy of getting the best legal advice from an attorney. We're not attorneys, but we can kind of guide you on how to find one that may be able to help get the answers you need and get the solutions you need for your probate case.