Inheritance theft is, sadly, more common than many people realize. While the scenarios may vary, one pattern appears again and again: a vulnerable elderly person, often with declining mental capacity, is manipulated into changing their estate plan. Whether it’s a family member, caregiver, neighbor, or friend, the wrongdoer exploits trust and proximity to enrich themselves at the expense of rightful heirs.
The Most Common Inheritance Theft Scenario
In many cases, inheritance theft occurs in the final months or even weeks of someone’s life. We frequently see situations where a trust is amended shortly before the settlor (the person who created the trust) dies. These last-minute changes often favor one individual, usually someone who had increasing control over the settlor’s daily life while others were kept at a distance.
The legal mechanism often involved is undue influence, a form of coercion where excessive persuasion overrides the free will of a vulnerable person. It’s not just emotional pressure, it’s calculated manipulation designed to benefit the influencer, not the victim.
Who Is Vulnerable to Undue Influence?
Undue influence preys on vulnerability, which can take many forms. Common risk factors include:
- Cognitive decline (such as dementia or Alzheimer’s disease)
- Physical frailty or disability
- Isolation from family and friends
- Recent loss of a spouse or partner
- Age and dependence on others for daily care
The more dependent and isolated a person becomes, the easier it is for someone with bad intentions to step in, take control, and quietly redirect assets.
A Real Case: How One Sibling Took Everything
Let’s look at a real-life example, slightly modified to protect the family’s privacy.
A woman was married to her husband for over fifty years. After he passed away, she was left living alone with mild to moderate dementia. She was no longer mobile and required daily help to eat, bathe, and dress.
Enter her son, estranged from both parents for years, who suddenly moved back into the family home. He claimed he was there to care for his mother. Over time, he took over every aspect of her life. He isolated her from the rest of the family, blocked phone calls, and refused to allow visitors unless he was in the room. Eventually, he took control of her finances, including her checkbook and bank accounts.
When she passed away a year later, the family discovered something shocking: the long-standing trust that had divided the estate equally among four children had been quietly amended. The new version left everything to the son who had moved in—disinheriting the other three siblings entirely.
The son insisted the changes reflected their mother’s true wishes. He claimed she no longer trusted her other children and that he was the only one who cared for her. But the facts didn’t line up: he had been absent for years, then reappeared only when she became vulnerable. She lacked the capacity to make legal changes on her own. All signs pointed to him initiating and orchestrating the trust amendment—likely manipulating or even drafting it himself.
A Pattern We See Again and Again
This type of story isn’t rare. In our trust litigation practice, we’ve seen this exact scenario, sometimes with a few variations, play out repeatedly. If it’s not a family member, it may be a caregiver, a neighbor, a romantic partner, or someone else in a trusted position. The common denominator is always the same: a person gains undue influence over the settlor at a time when they’re least able to defend themselves.
What Can You Do?
If you or someone you know suspects inheritance theft or believes a loved one was manipulated into changing their estate plan, it’s critical to act quickly. Trust and probate litigation can help expose wrongdoing, reverse unjust transfers, and protect the rights of legitimate heirs.
Contact us today to see how we can help you with potential inheritance theft.
