Q: How do I find out if my inheritance has been stolen from me?
My aunt who I was very close to recently passed away. I have always been her beneficiary because she doesnt have kids and her spouse is already deceased. A family member took over her care when she became ill and became her POA. I believe this family member changed my aunts will and life insurance policies.
A: When an estate is opened, the original will must be filed and it becomes publicly accessible. You can review the will at that time and decide whether you have a basis to challenge the signing based on what you know and can prove as to her mental capacity on the date it was signed. Also, the petition to open the estate will contain a general listing of assets and valuations, which you can review. If they seem wildly off from what you know your aunt should have possessed, then you may have a reason to suspect someone transferred ownership before her death. A challenge to a will, called a caveat proceeding, is a hard case to prove, as is breach of fiduciary duty and self-dealing—if that’s what happened before your aunt died. You sound like you have little beyond suspicion to go on, and that will not meet your burden of proof. You will need evidence, not mere suspicion and conjecture.
Anthony M. Avery agrees with this answer
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