Sibling Stealing from Estate: What to Do | RMO Lawyers

If you suspect a sibling is stealing from an estate or trust in which you are a beneficiary, you very likely need the protection of a trust litigation attorney. Unfortunately, sibling theft is an all-too-common occurrence. Fortunately, an experienced trust litigation attorney can usually help recover stolen assets, and quite possibly have your sibling disinherited and recover attorney’s fees and costs.
FULL ARTICLE: rmolawyers.com/sibling-steali...
My sibling is stealing from the estate or family trust, can I get my share of the assets back?
The short answer is “yes, you can expect to get your assets back.” At RMO, we have typically been able to recover stolen assets in six to twelve months, but sometimes sooner, in as little as 30 days. In many cases, the sibling who stole the assets will return them voluntarily after receiving a demand letter from an attorney outlining the stiff penalties if they fail to comply. In those instances where they still refuse, we generally see the assets returned shortly after court proceedings are initiated. In situations where these strategies fail, then those court processes can serve to obtain court orders requiring the return of the stolen assets, and sometimes the payment of attorney’s fees, costs and other damages.
Do I need proof they’re stealing assets from the estate?
No. Getting proof that a brother or sister is stealing is not your job. A trust litigation attorney will quarterback the investigation, due diligence and detective work required. Evidence disappears and memories fade, however, so the sooner you contact an experienced trust litigation attorney near you, the better. It’s much easier for the attorney and their investigation staff to follow a fresh trail of information and documents.
What do I do when my sibling steals my inheritance?
It’s natural to get angry, frustrated, and sad when a brother or sister breaches your trust. We see this situation every day, and suggest the following: 1) Contact a trust attorney as soon as you suspect a sibling has stolen your inheritance, 2) Allow the trust attorney to protect you and handle the situation, 3) Know that we’ve seen many families go through this experience and go on to have healthy, productive, fruitful lives.
What is the penalty for my sibling stealing from the estate? Will they go to jail?
Generally, the theft of estate assets by a sibling is treated as a civil matter. That means: No jail time is involved. As a victim, you do have the option to make a criminal complaint and ask the district attorney to prosecute your sibling, either when you suspect theft, or have proven they stole your assets or inheritance from the estate. While we don’t typically see clients who want to send their sibling to jail, it is a legal option. That said, the threat of criminal charges CANNOT be used as leverage to motivate a sibling who has stolen assets, to return those assets quickly, in your civil probate litigation matter.
When do I need a trust litigation attorney?
You should consider a trust litigation attorney the moment you suspect a brother or sister is stealing your inheritance or assets from the estate. Often a trust attorney can quickly begin communications with the suspected sibling and/or their attorney, and resolve the theft quickly. The odds of recovering your assets are much higher the sooner you act, before your sibling has a chance to “spend” the assets.
Do I need a trust litigation attorney near me?
We recommend finding an experienced trust litigation attorney familiar with the county probate court in the county where the decedent lived. For example, if the decedent lived in Los Angeles, we recommend working with a trust litigation attorney in Los Angeles. A Los Angeles probate lawyer will generally be more familiar with the Los Angeles Superior Court Probate Division, versus an out of state attorney.
Have questions? At RMO, we protect people like you everyday.
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About RMO Lawyers:
RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas.
Our founder, Scott E. Rahn has been named “Top 100 - Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation

[@shellcshells2902]

This is happening to my husband.. it's so heartbreak.

[@4Mikes4Mindset4]

It's terrible I'm at the end of it

[@EJ-rr8tx]

What do you do if you can't afford a lawyer? My mom died 3 years ago without a will. I stupidly signed off to make him administrator of the state. I've been asking him for any accounting relating to the estate. He has refused to give me anything. Finally at the end of last year he told me he wasn't giving me anything. I don't make a lot of money and can't afford an attorney. In hindsight I think that's what he was counting on.

[@jimmoravec1326]

The biggest mistake you made was signing your rights away. Never sign something that you don’t understand especially if you’re dealing with a greedy agent / trustee

[@javymcdeez3958]

File into the county record a rescind of signature

[@uno4606]

Keep seeking legal action

[@skindawgmanson5592]

My GF is the trustee, Her sister in law ransacked the mothers home finding 35K in cash and other items. Then her brother or wife divided the money in bags to give her half. The money was actually hidden throughout the home in envelopes with notes written to family members. They both left town soon after in a new RV. Her brother is a pastor too.

[@capresti3537]

35k is peanuts and not even worth too fight over.

[@m998hmmwv7]

​@capresti3537 are you insane?

[@505LandOfEntrapment]

OMG! Fake Christians! And stealing money, too! That's not the Bible says we should do to one another! Despicable of them! Hope you get your money back! Prayers and God Bless!

[@4Mikes4Mindset4]

​@@505LandOfEntrapmentthere are a lot of not most in religious cloaks

[@craigf.5602]

Money 💰 talks by this attorney. He told me $100, 000.00. So sad 😞

[@505LandOfEntrapment]

OMG!! Theft by lawyer!!

[@mattborton9696]

Thank you guys for all that you do. First class all the way.! 💛💯

[@jenneliz2020x]

My siblings Hijacked my fathers WILL while he was alive. Stealing my inheritance and much more. I can't get an attorney because of what they've done.

[@sherrygrey3008]

I don’t understand why you can’t get an attny, many will take your case on a contingent fee meaning they will take you case upon a percentage of your inheritance (after you win) also if you lose in court you pay nothing

[@jimmoravec1326]

@@sherrygrey3008 Well that’s a positive assumption, if it only worked that way. Maybe in tv shows but not in reality.

[@plume1639]

Helpful. Thx

[@janetdavila6292]

My siblings have stolen my inheritance and have over stepped over my authority and have signed and submitted my mothers death certificate to insurance and has taken money from my mothers account before I shut and froze her bank assets

[@dreamgivr]

Thank you for sharing this valuable information sir. Unfortunately, I'm experiencing this at present

[@sherrygrey3008]

He Chauncey, I’m sorry you are going thru this, I know from experience bcuz I am also going thru this nightmare. The WORST part is if we want to seek Justice we have to pay money to hire an attny to fight for what was rightfully ours. Inheritance theft is a CRIME and needs to be treated as such. I feel like the laws don’t protect beneficiaries unless you have the means (money) to fight thru the court system

[@lorrainejohnson263]

This is happening now in my family of six siblings younger sister is the excuter of our mothers estate and she's refusing to show us documents and her and one brother took upon themselves to take everything and not including us other four our shares, and yes she got attorney for the estate but he's just as bad,won't send copies or receipts,

[@evacameron8670]

Hildegard stole Stephanie’s blood money, this happened on my mother’s death bed. I became homeless and no eviction notice and ruined my PharmD in year 3

[@evacameron8670]

Joe found the deed claim my aunt forged a will

[@evacameron8670]

A claim deed

[@gerifletcher2574]

Aunt forged a will tell me more plz

[@evacameron8670]

The Josef DeKorsy estate needs to be revisited as he had a family in Buenos Aires left behind of their inheritance

[@gerifletcher2574]

I believe I may be one of his fam

[@sgonzo5572]

My half brothers uncle is trying to claim he is next of kin to take over my brothers inheritance from his fathers will. The uncle has the will. He had a lawyer tell his brothers own son that he is not a next of kin

[@rayneboes2184]

What if my siblings works for the police department

[@sheilakirby5616]

THE PROBLEM IS THAT CASE IS IN MICHIGAN * I LIVE IN FLORIDA !!! I CANT AFFORD TO TRAVEL * I CAN'T AFFORD A LAWYER

[@kimballentyne9069]

Thanks for sharing. Does this also apply to UK & Spanish inheritance laws? Both my late parents' always firmly told me that the main reason why I was officially adopted in the UK was so I would equally inherit. Decades ago my siblings (and some relatives), both joint executors with no valid legal Power of Attorney, made everything watertight so only they inherit. With due diligence and detective work I have discovered far too many unexplained and unaccountable financial discrepancies with all the properties and money finances, which includes theft after my late mother had passed away. The inheritance laws are on my side, but the costs aren't and I do not have any legal insurance policies, so what action do you advise? I have spent my very own hard earnings on a Spanish lawyer to obtain my late parents' Spanish bank statements before the bank destroys or deletes them.

[@ohno2110]

I have tried. I am blocked. Beautiful Blessings To you and

[@SuperBrowndog1]

My sister got My mom to add her onto her bank account so she could help pick up prescriptions and pay bills. After my mom passed away, and I was named in the trust to receive money, I was told by an attorney, all money in that bank account is considered belonging to my sister because she was joint and money is no longer in the trust for me. It seems no laws will protect my rights on this matter. She got away with it.

[@capresti3537]

Any update if you got your money back?.

[@SuperBrowndog1]

Update: after 1.5 years, I was given advice from an attorney and she typed up a letter to my sister demanding an "ACOUNTING" of my mother's bank account. This would require my sister to provide receipts of every penny that came out of the account and could go back "years" before my mom even passed away. My sister panicked and while she had been avoiding my calls, letters and messages, she responded within 2 days of receiving the letter from my attorney. It costed me $500 for the letter to be written and sent by I was issued a certified check with my inheritance within less than 2 weeks. It is stunning to see how people you have known your entire life become thieves and criminals against their own siblings, when it comes to money. It all came down to demanding an "accounting," otherwise there would have been no recourse for me.

[@Latinos4Trump]

Did you get accounting? Have it looked at by professional? How do you know it was everything? I'm worried my sister is going to steal.

[@SuperBrowndog1]

@@Latinos4Trumpthe "accounting" didn't have to be done as my sister got scared about that and released my inheritance. I received what my mother intended for me in her last will and trust, and that was good enough for me because that was my mother's wish. I have not spoken to my sister since. If I hadn't threatened her with the "accounting," she would have just kept everything, no remorse, nothing. If you do file for an "accounting," it will be a very deep investigation into the deceased assets and it can go back years even before the person died. Whoever is trying to keep money not belonging to them will have to answer for missing assets and show receipts. It is a long process and very revealing and therefore the crook may not want to go that route after all.

[@6AxisSage]

My uncle left me grandads war memorabilia in his will but ive been told by my mother that there is no war memorabilia. Unfortunately the items were not listed specifically. Is there any point in pursuing trying to recover them or is it a lost cause?

[@zeezee7856]

Just clarifying I have not spoken to one sibling since 2009 and another in 2015-2016. Neither are hard to find especially since I text my niece and nephew regularly. Not sure how one siblings name was added to my old benefits. I hired a PI cheap so I’m sure If something was important they could have located me. I saw one on Facebook. If there are more siblings then I don’t know them.

[@cbonjoful]

If after the death of a loved one, can an executor now change his mind and decides to appoint a beneficiary to be the new executor by doing an affidavit or does the court has to do this ?

[@Christ_Is_Life10-10]

How much of the lawyer fees will be deducted from the inheritance?

[@nadianoelcontreras1529]

What if this includes multiple family members and I am desperate for knowing if it is something I should bother with or if I have a chance to be taken seriously and that means I have already felt like an ass for the concern being an actual reality that I've reached out to a few places but I believe it was scam. I honestly don't know what or who to trust anymore, clearly it's already family that is just not the family I believed in as exactly that. . anymore. If they ever were

[@DavidCastro-ln6ty]

It might be a little bit too late I'm already 59 but when I was seventeen years old and still minor my brother who was in the military make me sign a paper stating that he was going to take care of the house and he end up selling it and moving to the states and leaving me empty-handed so is there any way to go about this

[@mcanally5940]

Hi, question, my father left me the executor to his estate. While going through files and documents I have discovered that I have a younger brother that has been getting money from my father, that I have found for over 12 years, I’m estimating $300,000. I’m sure there’s much more because I’m only looking at his Wells Fargo account. This is not counting the 4 1/2 years, of twice a month my father taking his family shopping for groceries. I haven’t looked into the American Express. My father kept a good filing system but with American Express he only kept the top page of what he was charged. There are a few times where the whole Bill statement is there and I can see the cost of his groceries and their groceries. I’d appreciate any feedback.

[@barbarabarr9195]

I have no money to hire an attorney, will legal aide help

[@koreen1970]

i live in massachuetts and it like i block from finding a lawer

[@lisafata9081]

my sister has POA my mom forgot she gave it to her back in 2007 before she lost all reasoning my mother was trying to remove my sister from her bank accounts and tried to remove her from the will entirely (my sister talked my mom into changing the will back in 2007 giving her the country house which was supposed to go to me) i talked my mother out of removing her from the will because it was supposed to be 50/50 that is how my dad wanted it. now im sorry i did because my sister found out soon after i got home from getting my leg amputated that my mom changed the will back to the way it was. her and her husband lost it, they came over to my moms house where i live and couldnt even talk they were so upset. they proceeded to tell me mom needs money so we are going to buy the house upstate. i said no way! i would rather sell this house (in NYC) or do a reverse mortgage . it didnt matter cause my mom didnt need money like that and there were 100's of other things we could have done like rent the apt. downstairs sell some of the 33 acres at the country house. but NO!! a month later she informs me they closed on the house!! i didnt say a thing as i was very depressed and honestly didnt care. my wife however saw this as a horrible money hungry robbery. IF MOM NEEDED MONEY SO BAD THEN WHY DID YOUR SISTER STEAL THE HOUSE? SHE BOUGHT THE HOUSE FULL OF EVERYTHING W/TRACTORS AND ATV'S A HUGE BARN 33 ACRES 5 OF WHICH ARE ON THE STREET (I WAS GOING TO BUILD A HOUSE TO RETIRE THERE SO MY SON COULD GO TO HS UP THERE. well she gave 200k for a 5br house in catskill NY appliances were less than 2 yrs old. my sister knows im not good at arguing and im a procrastonator, so she didnt care about me. im horrified at this ,b4 my amputation i was taking care of all bills and making sure everything was done. my sister did leave food on the doorknob but most times it would be forgotten. i was living downstairs at that time w/my wife and son for 20 years. Covid had just started getting crazy so when i was in agony and couldnt get up i still wouldnt go to hosp for fear of dying. ofcourse that was a mistake but its been a year almost and i had to move upstairs cause the wheelchair wouldnt fit downstairs into bathroom however i am a huge help to my mom and her caregivers and when they dont show up i take care of my mother. I still cant believe this happened i would never have done that had it been the other way around. as im typing this her husband is tearing up the house rebuilding things adding things and its killing me. im sure my dad is rolling over in his grave and if my mother had the ability to understand she would be insane over this. please please tell me what i can do? i have never seen the POA ps my sister said she was my moms agent and she was trying to throw me in the street. also i found out one of her "ladies" as she calls the care takers was druging my mother so she wouldnt have to deal with her. i set it up so i would know for a fact and i did find out she was drugging her. my sister said i have to give her benefit of the doubt I SAID WHAT DOUBT THERE IS NO DOUBT , SHE LOST IT WHEN SHE SAW THE MEDS WERE NOT WHERE THEY WERE. ANYWAY SHE LET HER COME BACK TO WORK NEXT DAY I COULDNT BELIEVE IT. BUT AS LONG AS SHE ISNT BOTHERED SHE DIDNT CARE. I NEED HELP PLZ I CANT FIND ANYONE WHO WILL TAKE MY CASE. ALSO I HEAR I AS AN ADULT DISABLED CHILD CAN GET MY MOTHERS ASSETS PUT INTO MY NAME TO SAVE THEM FROM GOVERNMENT IF SHE EVER NEEDS TO GO INTO A HOME. IS THIS TRUE? I WILL KEEP MOM W/ME TILL ITS IMPOSSIBLE TO DO SO. THANK YOU

[@LK-bz9sk]

If you are forced to return money its not voluntarily.

[@NiceOne-jb6hc]

I need you fam I just filled identity theft my brother and mom's ex husband took it all

[@reneeseaton3889]

Thought I had a solid trust litigator….but not anymore…..argh!

[@ohno2110]

I can not get any help can not use this phone or the room phone. I will never get out of this mess. Thank you Lord

[@raquelcorazon8248]

A have this issues how can a do?

[@DJJensen]

Personal representative who was intentionally omitted as beneficiary took ownership of many commercial properties evicted tenants

[@maddscientist3170]

sometimes it is just worth it to foreclose the estate & let the County seize it.....ends all problems..nobody gets nothing!!!

[@justinchamberlain3443]

Trust litigation attorney; free consultations

[@kimpozon8230]

I am too late to discover this. I hope i have still money left. :(

[@WW-kw3rt]

Stealing a car that is uninsured, will not get one arrested?

[@dippinrice]

How could someone keep 6 million out of probate? Grandfather had a stroke. He had investments he traded online.

[@dbb3892]

When our mother died my brother went to my mom's house and stole jewerly and money that my mom had there for me . He denies he took it but after we married my mom , he was wearing a bracelet she had in her jewerly box, what can I do?

[@ImLisaMoore]

you grab his wrist right then and there is what you do. What do you mean what do you do???.

[@johntrejo5874]

My sibling had a estate sale without telling probate court and for the last couple of years shes been renting are co owned house making big money and not giving me a dime I've asked her to buy me out and she laughed. She knows I have no money for a attorney. Any suggestions. Shes posting pics of vacations and new cars my car 20yrs old very frustrating.

[@DJSilene]

Hi have you tried to contact a lawyer? Is your case resolved?

[@aliekatsmom]

Contact a lawyer that should work with you.

[@Justme77888]

@@aliekatsmom Sadly lots of times the lawyers helps the sibling in the embezzlement of the money like in my case I don't trust a lawyer farther than I can throw,lawyers love getting there share in the embezzled money,,so sad,you can't trust no one these days

[@jimmoravec7448]

Do you have joint tenancy with your sibling ? Is there a will or a trust if so who’s the Trustee. I’ll help you as much as I can. I know what your going through and it’s not right ! I read some of your comments below stating go talk to an attorney. Ok and how do you pay this Attorney when you don’t have the money to do so $ many thousands of dollars. So yeah bad advice if you’re trying to get a contingency or a pro bono attorney good luck they don’t exist for civil litigation.

[@theenlightenedexchange4817]

I need a lawyer who is pro Bono please

[@d2sfavs]

me and my sister are loosing our home of 56 years deeded to us 24 years ago by our mother because our brother and younger sister got greedy and the nextdoor neighbor dug up the front line and put in an illegal wall so they came up with a scam to take our deeded property away using bribes on our lawyer and the brother and younger sister.seems lawyers follow eachother and dont give a shit about the client of our mothers wishes.we want to sue them for 2.2 million if any good trustworthy lawyers can help.

[@greyblueshar6886]

Are you a trust Litigation attorney

[@Louisiana1Manshow]

Mi moma was stealing mines got a lawyer on her ass

[@505LandOfEntrapment]

Great advice but someone mentioned your name as they obviously contacted you. You told them the fee is $100,000.00 to recover stolen trust funds! That's an obscene amount of money to litigate on behalf of someone losing their trust fund! Have you no shame?

[@robertheuer7670]

my bro stole cash money the wasn't deposited yet and he spent it all on weed from what i understand...i want to smash his face in...i wont..and i dont eant locked out of the estate....im executor of estate and the trustee for his part once the estate is closed out...i want to divide his part amongstthe other 3 primary beneficiaries...i want him out

[@Ackermanmedia]

Man I tried to find a lawyer for two years who would help me litigate the killing of my mother. My Aunt stole so much money from the estate, lied about being able to help my mother and conspired with my stepfather to make sure he got her house when she died. It was sickening and sad. The fact that no lawyers in my area even do litigation or do a free consult is nauseating, they only want easy cases with slam dunk money. My mom was killed for god's sake. AND my brother in law, a bleeding heart WOKE liberal, helped my step father take the assets after the crimes. I had him in jail but my sister and him talked me into pulling the orders. I think they were also in on the take from the whole conspiracy.

[@jimmoravec1326]

There are many situations that provide protection for the heartless greedy people who take the Devil’s bait

[@tysunbrewhere7519]

What if my brother attacked me and broke my ribs?

[@sassysandra245]

Omg your brother sounds like mine but my mom went right back to sacking as my dad was dying and then a few weeks later and then my brother but it was my wrist which I ended up needing surgery then my brother spilled the beans that my dementia ridden mom but he is also the golden child signed the house over to my brother and the life insurance check as a gift so no w he will just charge her rent outta her& my dads ssi and I get nothing altho my dads will named me the executor and that sets be divided equally between us my mother override it. So if I cat still it back m going to expose my brother I the news segment for veins liar& a thief!!

[@jennifercrisp7905]

The main issue I have with every single one of these videos is you all talk about probate but you don't discuss anything about if it's in a trust and they don't have to file probate because of the trust. And a lot of you lawyers talk about it's a crime but do you know in America the only people who get prosecuted from stealing from an estate that's a trust is people in power who are administrating it or helping with it and then stealing from it do you know in 20 years no one has ever been prosecuted in Sioux falls South Dakota as being an executor and stealing from the beneficiary and their brother and sister or whatever they are not upholding the law and this is a huge problem and for what reason are they not upholding the law I have a very extensive case and I have been hijacked for my whole inheritance by my brother now if my mother would have been alive and I would have been taking things from her house I would have been put in jail so why is it okay for an executor who has a fiduciary duty to not get prosecuted a lawyer in Sioux falls told me that in 20 years she has never seen anyone prosecuted the state's attorney won't prosecute she said one of her clients had over a half a million dollar stolen and the state's attorney wouldn't even go after the person she filed charges in the state's attorney dropped in said it was civil when there are laws and penalties of up to 25 years in prison for stealing... I need help and I have a solid case and I have to get justice for myself and for my mother who wanted me to have all the belongings and my brother got rid of them and it took so long for me to figure out that I could actually do something legally and criminally is the prosecutor would actually prosecute

[@timothygarver3492]

,

[@JudgeCommitee-ck5wq]

Ancestor client elder grantor grandparents are sick and tired of Estate state planners promising peace of mind and delivering Trust Forgers, Will Counterfeiters, and Estate Plan Embezzlers. So Successor Client Heir Grantee Beneficiaries will tell parents to make a wise and informed decision hire Traditional Lawyers to install the July 5, 2024 NICER 33 year Reform Traditional Law Permission Portfolio crime interdiction Administration.

[@Hope-qu6tv]

Will you be my attny?

[@ljevans5993]

Being the oldest son in the family, I was named to manage the estate. Since I believe handling everything in house, any problems ? They will both turn up black and blue !

[@satinjoy6137]

Autumn hindry 713 w Iowa Nampa Idaho 83686 my mom and grandma died in2017 I live in Idaho 11/17/1993