How to steal your family inheritance

Today I received an email asking if I “Want to legally hijack some major cash today?” Sounds intriguing, but as luck would have it, I just this week discovered an ingenious method of hijacking cash (as well as other assets). Ok, so it’s not 100% legal. And it takes a little more than a day. But it’s most definitely a hijack.

The idea is brilliant in its simplicity: Steal your own inheritance.

I’d like to take credit for it, I really would. Alas, my brain is not wired for financial intrigue. I don’t have a criminal mind.

The beauty of this idea is that even the most diabolically challenged (like me) can pull it off.

The idea is brilliant in its simplicity: Steal your own inheritance.

I’d like to take credit for it, I really would. Alas, my brain is not wired for financial intrigue. I don’t have a criminal mind.

The beauty of this idea is that even the most diabolically challenged (like me) can pull it off.

Be a “trust buster” — that’s a GOOD thing!

Step One: The Trust

You will need the following: Two elderly parents, a lawyer, an unsuspecting sibling, and some patience.First, set up your Family Trust. There are two components to the trust: financial and medical. Obviously, your interest is in the financial. So as you are sitting with the family and the attorney, “graciously” allow your unsuspecting sibling (US) to be named as the person in charge of medical decisions for your parents. Since parents always want to be fair, they will naturally assign you to the lead financial role. Everyone will be happy. Especially you.Now in this initial Trust document, there is a first position and a second position. Make sure you get the first financial position. YourUSwill be put in second position on the financial and you will be put in second position on the medical. This is all fair and square and makes the whole thing appear legit. Mom and Dad’s future needs are now legally in the capable hands of their two devoted children. There are two decision makers for medical, two for financial. Lovely.

Step 2: The Setup

The Trust may sit gathering dust for some time. That’s to be expected. The provisions of the Trust do not come into play until one of the parents becomes ill or dies. This may take some patience on your part. But trust me, it will be well worth the wait.Now let’s say the “triggering event” is that one parent becomes very sick. For the sake of argument, we will say it’s the father. Suddenly the Trust document comes down off the shelf. Time to double check who is really authorized to make decisions for Dad’s healthcare. Chances are very good that by this time, Mom is pretty distraught and probably not in the best mental shape to be authorizing “chemical code” or “DNR” decisions with Dad’s doctors.This is where having your unsuspecting sibling (US) as the primary healthcare decision-maker on the Trust comes into play. He will be so focused on doing the right thing medically, that he will not be paying any attention whatsoever to the financial side of things. After all, Mom and Dad still have healthcare benefits to pay for Dad’s expenses. They still have income coming in. There’s really nothing happening at this point that affects the financial aspect of the Family Trust.At least, that’s whatUSthinks…

Step 3: The Old Switcheroo

While Mom and US are dealing with Dad, you’ll be busy in your own way. You’ll have several clandestine meetings with your attorney. He or she will give you the high sign when it’s time to make your move.Since it’s your own family we’re talking about, you will know when the perfect moment arrives. It is imperative to wait until both US and Mom are totally distracted with caring for Dad. Hopefully by this time Dad will be really, really ill. It helps if he needs hospice care, as implementing hospice requires Power of Attorney.Now assuming your USis like most, he is dead serious about his care-taking duties. He knows hospice is needed. When your lawyer suggests that he (US, not the lawyer) should obtain Power of Attorney, he (US, not the laywer) readily agrees.However, to make this happen, Mom, who is still listed in the Family Trust, and is not sick or dead yet, needs to be disenfranchised from any and all decision-making power.How do you accomplish this, you ask? The answer is simple. You get Mom declared mentally incompetent!

Step 4: Movin’ On Up

If you play this step right you will actually be able to get yourUSto cooperate as your unwitting accomplice. Have your lawyer tell US that it’s a “mere formality” to get Mom declared mentally incompetent. Convince him this formality is necessary for him to get Dad enrolled in hospice.Your ojbective here is to get US to be the one to obtain the doctor’s signature on a form declaring Mom mentally incompetent. Trust me. He will not suspect a thing. He’ll do anything/everything he can in the interest of supporting Dad and Mom through this incredibly difficult time.As soon as you get that signed piece of paper, grab it and run — don’t walk — to the lawyer’s office. You’ve now got what you need to rewrite the trust in your favor! See how easy that was?

Step 5: Grab those Assets

With Dad now on his deathbed, both Mom and US are 100% distracted. They will have no idea what you’re masterminding over at the old attorney’s office. It will be months before they find out — and by then it will be too late. Hehe.So here’s how this works:. Now that Dad is out of the picture (figurately for now, literally in a matter of weeks or days), that leaves only Mom to contend with. Oh wait! Remember, we got Mom declared mentally incompetent. So that means that the original trust document is no longer valid. Mom is officially legally incapable of making financial decisions for herself. Luckily, she has you, her faithful Trust executor, to make them for her!Oh my! And what a conscientious little trust administrator you are! You are so on top of things and so diligent about managing the Family Trust that you don’t waste a second. No sirree. The minute you get get that “mental incompetence” declaration signed, you get the lawyer to rewrite any/all sections of the Trust document that don’t suit your needs, and off you go!

Step 6: Laugh all the Way to the Bank

De facto, you are now the only person with any legal claim to the Trust. With the mere stroke of a pen, you’ve obliterated both Mom and US from the document. Instead of the Family Trust, you could just as well title the revised document The Bank of Me.Now, at some point after Dad kicks, US will probably regain his mental equilibrium. This is not to be confused with Mom — her mental competency is gone, baby gone. It’s signed, sealed and delivered on that scrap of paper her doctor signed. But US will eventually start poking his nose around the finances. You see, being a true caretaker at heart, he’s still got a vested interest in making sure Mom’s taken care of, now that she’s a widow. And that means both physically/emotionally and financially.No worries, however. US can’t touch you or Mom’s money. He’s been summarily written out of the Trust document. That lawyer the whole family worked with to write the original document? Sorry, brother. That lawyer now represents you and only you. Not Mom and not US. YOU are the Trust. They are — well, they are toast.

Step 7: What’s Mine is Mine, What’s Yours is Mine

Congratulations! You’re now in sole control of all the assets in the Trust. You and only you have full access to all of your parents’ bank accounts, investment accounts, deeds of trust, credit cards, etc.Basically, you get the whole enchilada, and brother gets… nada.You may (or may not) choose to leave a little something in the till for Mom. After all, she did raise you. And it is … oops, I mean WAS… her money. But she’ll never write another check as long as she lives.

Step 8: Relax, Retire Early

Still not convinced? Go ahead. Be my guest. You can sit around and wait, and wait, and wait for your inheritance the old fashioned way. But who knows how long your parents might live? And how much of “your” inheritance will even be left by the time they check out? No, my friends. In these uncertain economic times, we need to think outside the safe deposit box. Mark my words: Hijacking is the estate planning wave of the future. After all, it’s your inheritance. And besides, you know Mom and Dad always liked you best:-).

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advisor4qb 2 years ago from One Foot in Paradise

Narcissists who do this should be put into jail. Great hub, Mighty Mom. I can only imagine what you must be going through with that sister-in-law of yours! Just remember that even if she reads it, she will somehow rationalize that she is justified in her actions. Sickening! A good keyword for this might also be “elder abuse!”

badcompany99 2 years ago

Woooo that was so so well written, with a little streak of sarcasm and venom perhaps, loved it !


Mighty Mom 2 years ago from Where Left is Right, CA Hub Author

Thanks advisor4qb. I will add elder abuse. It does fit, our situation. In fact, “our” attorney is working on a case against her as we speak.Badco — Guilty as charged, sir. I wrote it with my fangs bared:-). MM

Ms Chievous 2 years ago Level 1 Commenter

OK so I was thinking of a bunch of bad things to say about this hub until I read the comments.. sorry if you were the victim in all of this. I have been dealing with some of issues you have mentioned above with my father…But I have had the good fortune of dealing with the Elder Planning Center.. i don’t know if this is too late now for them to intervene..Continue to vent if you need to.. we are here for you.

Collegekid2011 4 weeks ago

Update: The judge ordered my trustees to follow through with our requests, however, they still hid a majority of assets. Luckily I have pictures of statements to show where some of the hidden assets are invested. My lawyer is still waiting to hit them with this as well as breach of loyalty until he gets paid from my first distribution which should be coming any day now. Can anyone suggest a high-powered attorney out of New York City because mine doesn’t seem to understand the level of fraud that is going on here. It’s now almost one year since the passing of my grandmother when this all began :-/


Mighty Mom 4 weeks ago from Where Left is Right, CA Hub Author

Hi sue, hi collegekid2011 (one and the same, right?).I wish I knew a kick-ass attorney to suggest. I’m not in NY. But suggest you look through the Bar Association and look for a Certified Specialists in Wills and Trusts — get someone with a winning litigation record. Do your homework because you are oh so right you need a lawyer who gets what’s going on and with the experience to protect you. Sounds like another situation where it’s difficult to believe it’s really happening — but is.GOOD LUCK!MM

Diarmuid Hannigan 3 weeks ago

The laws of inheritance are written and practiced by lawyers not families. Since there is a lot of money at stake it is in the interest of the legal profession to leave scope within the legal framework for what I call grave robbing. Hence the book Lawyers or Grave Robbers?Hope this adds insight to the dilemma.

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2 Responses to How to steal your family inheritance

  1. Greg Hughes says:

    I have been waiting for probate to end for my mother’s estate, and have just found out it ended almost a year ago. I was expecting half of an estate worth one million dollars, but have only recieved one eigth, and that looks like all I’m getting. I’ve been left in the dark, but, trusting my sister, I wasn’t concerned. It’s probaby not a good thing that her husband handled writing mom’s last will, and graciously offered his services as probate attorney at a reduced rate. My sister only seems interested in discussing my mental health, and how much “meds” will help me. Turns out, I trusted no one on Earth more than her, and now my mind is melting. Not sure what to really do. Probate feels like an assination.

  2. Mighty Mom says:

    Thank you for featuring my hub on your site. I wish I did not have the experience I did with this subject.
    Now I am off to read the article on legal PTSD. Looks like something I should link to.
    Mighty Mom

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