Is your family secretly stealing your inheritance? Learn how to protect what’s rightfully yours!

If you have money, property, or other things to leave behind when you die—or if you expect to inherit something from a relative—you want to make sure everything is given out the right way.

Sometimes, family arguments can make things messy or even stop the inheritance from being shared as planned. This can lead to something called “inheritance theft” or “inheritance hijacking.” In some cases, it could even be a crime.

But what is inheritance theft, and how can you protect your money?

What is inheritance hijacking?

Inheritance theft can happen in many ways:

  • Stealing, destroying, or faking trust or will documents.
  • Pressuring or tricking someone to change their will or trust.
  • Taking, hiding, or using estate assets for personal gain.
  • Misusing power of attorney to control someone’s money.
  • Charging too much for executor or trustee services.
  • Marrying someone just to get their inheritance.

While professionals involved in estate planning can commit inheritance theft, it is more common within families or among close caregivers. One common trick is emotional manipulation. This might mean a family member tries to get close to someone by doing favors, just to gain access to their assets. Family members might also say bad things about each other to convince the person to change who gets the inheritance.

Stealing money or property from an older person or faking financial documents is considered elder abuse.

How to protect your assets from hijacking

Start planning your estate early, and get help from a lawyer who knows a lot about this kind of work. A good lawyer can help you create a strong estate plan. Keep detailed records about your estate, and make sure to talk openly with your family about your wishes.

You might also think about giving out some of your assets early, says Jason Porter, a senior investment manager at Scottish Heritage SG. This can help make sure your assets go where you want them to. But before you do, talk to a tax expert to understand how big gifts could affect your taxes.

Since family members are more likely than professionals to use emotional tricks to change your plans, hiring legal and financial experts is one of the best ways to protect your estate. You could also name more than one executor to help ensure your assets are shared the way you want.

How to protect your inheritance

Imagine you’re an heir, and you want to follow your relative’s wishes and follow the law. Be on the lookout for family members acting strangely or suddenly getting close to a relative they’ve often argued with.

Financial abuse—like misusing or mishandling money—can be hard to notice. Warning signs include sudden changes in bank activity, large or unexplained withdrawals, asset transfers, or unpaid bills.

The laws about inheritance theft and the penalties for breaking them are different in each state. If you think someone is stealing or misusing assets, talk to an estate planning lawyer or a forensic accountant for help. You can also report elder abuse to your state’s agency.