Table of Contents
Key Takeaways
Understanding Probate Fraud in California
Four Common Types of Probate Fraud
- Suppressing the Latest Will
- Forging a Will or Codicil
- Omitting Relatives in Intestacy Cases
- Removing Estate Assets Without Permission
How to Protect Yourself From Probate Fraud
FAQ
How The Grossman Law Firm Can Help
Key Takeaways
- Probate fraud often happens immediately after a death and can cause heirs and beneficiaries to lose estate assets permanently.
- Common forms include hiding a will, forging documents, excluding heirs, or stealing estate property.
- Beneficiaries must act quickly—California probate litigation is time-sensitive.
- The Grossman Law Firm assists heirs and beneficiaries in California in uncovering and combating probate fraud.
Understanding Probate Fraud in California
Probate fraud occurs when someone manipulates the probate process for personal gain, often at the expense of heirs or beneficiaries. In California, probate is designed to distribute a decedent’s estate fairly, but unfortunately, fraud can occur at any stage.
Attorney Scott Grossman and The Grossman Law Firm regularly represent clients in probate and trust litigation, including cases where fraud is suspected. If you believe someone is committing probate fraud, it’s essential to act quickly to preserve your inheritance rights.
Four Common Types of Probate Fraud
1. Suppressing the Latest Will
One of the most common forms of probate fraud is when someone hides or suppresses the most recent version of a will. By presenting an outdated will—or no will at all—the wrong beneficiaries may receive assets, while rightful heirs are left out.
In California, interested parties are entitled to notice of probate proceedings. If you suspect a newer will exists, you should bring this to the court’s attention immediately.
2. Forging a Will or Codicil
Another red flag is the sudden appearance of a “new” will or codicil (an amendment to a will). Forged wills are a classic form of fraud and can completely alter who inherits the estate.
California Probate Code requires strict compliance for a will to be valid. If you question the authenticity of a will, forensic handwriting experts and probate litigation attorneys can help investigate and challenge the document in court.
3. Omitting Relatives in Intestacy Cases
When a person dies without a will, their estate passes under California’s intestacy laws. Fraud can occur when the executor or administrator deliberately excludes heirs during the probate petition process.
For example, an executor might omit nieces, nephews, or siblings from the petition to inherit more for themselves. The California Probate Code requires full disclosure of all known heirs; failure to do so can lead to the removal of the executor and litigation.
4. Removing Estate Assets Without Permission
Sometimes, probate fraud takes the form of physically removing property or transferring funds from the estate before probate proceedings begin. It can include:
- Withdrawing money from the decedent’s bank accounts
- Taking jewelry, collectibles, or other valuables from the home
- Selling estate assets without notice to beneficiaries
If assets disappear, California courts can order the return of property and hold the wrongdoer financially accountable. However, time is critical; delays can make recovery much more complicated.
How to Protect Yourself From Probate Fraud
Catching fraud requires vigilance. Here are steps you can take if you suspect wrongdoing:
- Document everything – Keep records of assets, communications, and suspicious actions.
- Review probate filings – Confirm that the petition for probate lists all heirs and includes accurate information.
- Act quickly – California law places strict deadlines on probate contests and fraud claims.
- Hire an experienced probate litigation attorney – Legal guidance is essential to investigate fraud and protect your inheritance.
The Grossman Law Firm has decades of experience handling probate fraud cases across California. Attorney Scott Grossman can take swift legal action to preserve assets and enforce your rights.
Related Resources
- Overview of the California Probate Process
- Eight Steps to Take if You Are Questioning a CA Probate Accounting
- Fiduciary Duties of Executors and Trustees in California
- Challenging a Will in California: Legal Grounds and Procedures
- Can’t Afford a Probate or Trust Attorney?
FAQ
What is probate fraud?
Probate fraud is any intentional misrepresentation, concealment, or theft during the administration of a California estate.
Can I sue an executor for fraud?
Yes. If an executor commits fraud, you can petition the court for their removal, demand an accounting, and pursue damages.
How long do I have to contest a fraudulent will in California?
Generally, you must contest a will within 120 days after the probate court admits it. Acting quickly is essential.
What if assets have already been stolen?
The court can order the return of assets or issue a surcharge (a financial penalty) against the wrongdoer, but swift legal action is crucial to recovery.
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we assist beneficiaries and heirs throughout California in enforcing their rights in probate and trust litigation.
Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published Aug 5, 2016