We’ve all heard the horror stories: someone suspects a brother, sister, or some other relative or person is stealing assets from an older relative which, indirectly, may mean someone’s inheritance is being stolen or taken as well. While the story varies a little, it typically goes something like this: Our Cedar Rapids personal injury law firm gets a call from a brother, sister, niece, nephew, or some other relative—or even a non-relative—who states that their brother or sister or some other person has become an “attorney in fact” or “agent” under a Power of Attorney (POA) for the purpose of “taking care of the affairs” of a parent, grandparent, or some other person. The caller has been ignoring the fact that it seems, little by little, that the agent under the POA is taking advantage of the situation, and rather than protecting the financial and other affairs of the parent, grand-parent, or some other person, the agent begins to essentially take funds and/or transfer ownership of real estate, cars, stock, bonds, and/or some other property for the agent’s own benefit to the detriment of the person they were supposed to be protecting under the Power of Attorney (POA), and in many instances, to the detriment of persons like the caller who might be a beneficiary under the Last Will and Testament of the parent, grandparent, etc.
A brother, sister, or some other interested person might put off asking the agent under the POA what is going on because they do not want to accuse anyone of anything and they want to keep peace in the family, and if they do raise the courage to delicately ask the agent under the POA about where certain assets are located or the value of such assets, the agent might respond vaguely or give no response at all, further raising the suspicions that the older relative’s assets—and those of any potential beneficiary—are being improperly taken, or essentially stolen, by the agent for their own benefit.
The caller states that for many years, they have put off calling an attorney about the issue because they do not want to cause a problem in the family even though that family member as the attorney-in-fact/agent may very well be stealing from the older relative and also stealing from any potential beneficiaries, or maybe the caller takes no action because they mistakenly believe they cannot do anything until the parent or grandparent dies. Meanwhile, year after year, the caller’s share of the inheritance is being pilfered/stolen by the brother or sister, etc. as the attorney-in-fact/agent under the POA. Isn’t the time to close the barn door now, before the horse escapes?
What can you do today to stop the continuing theft and diminishing value of your inheritance?
Under certain circumstances, a claim for tortious interference with inheritance or bequest may be brought against those who are improperly depleting the inheritance of another to stop them from continuing to do so, and, under certain circumstances, one can obtain their inheritance (and additional damages, if applicable) now rather than waiting for the death of an elderly relative before they assert their claims.
At Sam Sheronick Law Firm, P.C., a Cedar Rapids personal injury law firm, we first successfully litigated such tortious interference with inheritance or bequest claims over 20 years ago and we do not charge an attorney fee unless you win or settle your case. If you believe someone is stealing or otherwise hurting or diminishing your potential inheritance by taking advantage of their position as an agent under a power of attorney—or taking advantage of some other fiduciary relationship even without a power of attorney—you need to immediately call our Cedar Rapids personal injury law firm at Sam Sheronick Law Firm, P.C. at 319-366-8193 (or immediately fill out an online form to see if you have a potential case by clicking contact ) to determine any potential rights you have before any deadlines pass and before the value of your potential inheritance is further diminished. For more information, click the following link: https://samlawpc.com
Disclaimer: Please realize the information given herein is for informational purposes only and may not apply to a given situation as you should consult and experienced and knowledgeable attorney as soon as possible to protect your rights to see whether this information applies to your given situation.
Disclaimer: The information contained here and throughout our website, and in our printed or other materials, are for general informational purposes only as this information should not be considered to be legal advice concerning your specific potential case. You should consult an experienced and knowledgeable attorney in this area of law to determine whether the information given in our videos, blog, website, and other materials applies to your specific potential case as the failure to do so could do significant harm to your potential case. Please realize there are many more things to keep in mind when dealing with this issue than those listed here, but we have listed some of the more common things we’ve seen here. Our firm does not represent you unless or until we enter into a written fee agreement signed by both you and our firm. Click on the this disclaimer link on this website to view additional disclaimer information.