{"id":1021,"date":"2018-02-01T17:34:24","date_gmt":"2018-02-01T17:34:24","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/?page_id=1021"},"modified":"2024-11-27T17:33:13","modified_gmt":"2024-11-27T17:33:13","slug":"stolen-inheritance-help","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/blog\/stolen-inheritance-help\/","title":{"rendered":"How To Prove Inheritance Theft & Recover Stolen Assets"},"content":{"rendered":"

Introduction<\/h2>\n

When someone passes away, the responsibility to distribute their assets and close their estate falls to a court-appointed personal representative<\/a>. If the decedent nominates a personal representative in their will, this individual is referred to as the executor. If the decedent did not have a will, or if an interested party successfully contests the will, a probate judge can appoint a third-party special administrator<\/a> instead. Either way, how and when you receive your inheritance from the decedent\u2019s estate is entirely in the hands of the personal representative.<\/p>\n

While receiving your inheritance may be the first thing on your mind, it\u2019s the last item on the personal representative\u2019s list of responsibilities. Before they can distribute assets to you and the other beneficiaries, the personal representative will need to do the following:<\/p>\n

    \n
  1. Submit the decedent\u2019s will<\/a>, and petition the county court to open probate<\/li>\n
  2. Receive a formal appointment and letters testamentary from the court to serve as personal representative and act on behalf of the estate<\/li>\n
  3. Serve notice of probate proceedings to the estate\u2019s interested parties, especially beneficiaries, family members, and creditors<\/li>\n
  4. Post a notice in the local paper that probate proceedings have commenced, and that the estate\u2019s creditors will have 120 days to file claims against the estate<\/li>\n
  5. Take an inventory of the decedent\u2019s assets<\/li>\n
  6. Have real and personal property appraised for fair market value<\/li>\n
  7. Pay the estate\u2019s administration costs, legal fees, and appraisal fees<\/li>\n
  8. Pay the decedent\u2019s final bills and settle the estate\u2019s liabilities<\/li>\n
  9. File a final income tax return and estate tax return, and pay taxes (if applicable)<\/li>\n
  10. Receive approval from probate court to distribute the remaining assets<\/li>\n<\/ol>\n

    How Long Does it Take to Receive Your Inheritance?<\/h2>\n

    The length of the probate proceedings will vary from case to case. If there aren\u2019t any contests to the will or final distribution, informal probate<\/a> can usually distribute your inheritance in 4 \u2013 6 months. On the other hand, if formal probate is required due to contests and family discord, additional court supervision and hearings may drag out for up to a year before you receive your inheritance. In rare cases, supervised formal probate can take several years to complete.<\/p>\n

    Stolen Inheritance<\/h2>\n

    Unfortunately, cases of stolen inheritances are not uncommon. In any situation where one party ends up less than what they\u2019re entitled to and another party is unjustly enriched, you should seek legal counsel. Contesting a will isn\u2019t easy, but there are circumstances that allow a judge to invalidate a fraudulent, forged, or unduly influenced will. Factors that may result in a successful will contest include:<\/p>\n