Signs of “Estate Hijacking” in Florida — When a Family Member Suddenly Gains Total Control

Fri Oct 17, 2025 | Estate Planning | Share

During life’s most difficult moments (and when you least expect it), estate hijacking can take place. What exactly is “estate hijacking?” Also referred to as inheritance theft, estate hijacking is when one person seizes control and access to accounts, property, or paperwork, often without legal authority.

The phrase “estate hijacking” does not exist in the Florida probate code. However, that does not mean it does not happen. In this article, we will review what estate hijacking is, how it occurs, and, most importantly, how to fix it.

What Is Estate Hijacking?

Simply stated: When a single person takes exclusive control of a decedent’s property, finances, or decision-making (often without legal authority), estate hijacking occurs.

Estate hijacking can take various forms, including:

• Changing the locks on a decedent’s house and excluding other heirs or beneficiaries
• Physically taking control of bank accounts or valuables before probate
• Presenting a surprise will or trust that favors one person over others
• Withholding information about assets or expenses
• Falsely using a power of attorney after death (powers of attorney are invalid after death in Florida)
• Selling or relocating property without court permission

A classic example is a surviving spouse, caregiver, or even a child who, before or after death, takes complete control of an estate and excludes other beneficiaries and heirs. Such actions often result in chaos and confusion. Families tend to feel overwhelmed and unsure how to proceed. However, Florida law gives them effective solutions to restore order and fairness.

Causes of Estate Hijacking

Many individuals who step in to take control do not intend to cause harm. They may think that they are “just helping” or that someone promised them property. However, others take advantage of the fact that there is a period before a decedent’s estate goes into probate and an executor is named.

The most common reasons given for estate hijacking are:

• Having to do something while waiting for the probate process to begin
• Wanting to “secure” or claim assets or property before other family members arrive
• Misunderstanding the legal powers of a health care or financial power of attorney
• Acting out of fear, greed, or resentment

Whatever the motivation, once someone goes from helping to taking control, it is a legal issue.

How To Stop Estate Hijacking

Florida probate laws provide strong protections. If you believe someone is taking control of property, bank accounts, or paperwork, your probate attorney can perform the following.

1. Petition for Administration Right Away

Probate filings give the estate legal standing and subject it to court supervision. Once a personal representative is appointed, only that person can lawfully manage property and accounts.

2. Petition for a Temporary Curator

A judge can appoint a temporary curator, who is a neutral person who safeguards property while the case is pending.  

3. Petition for an Accounting

The court can order the person in control to provide a detailed list of what they’ve taken or spent with receipts.

4. Order To Freeze Accounts or Property Sales

Judges can prevent further access or sales until the situation is sorted out.

5. Orders Clawing Back Transfers

Money or property that has been improperly moved out of an estate can often be returned through court orders.

6. Contest Fraudulent Documents

Any new wills, deeds, or trust amendments signed under pressure or when the person lacked mental capacity can be voided.

How Probate Restores Control

After a probate petition is filed, the court will:

• Identify who currently has property or accounts
• Order the preservation of assets until the proper authority is determined
• Ascertain the validity of any contested documents
• Appoint a qualified personal representative (or curator, if needed)
• Supervise the accounting and ultimate distribution

The goal is to give every heir and beneficiary what the decedent intended — not what one person wanted.

When the Hijacking Starts Before Death

There are a number of other tactics that can begin before a person’s death. For example, a relative may isolate an elderly parent, change mailing addresses, or pressure them to sign over property they no longer need.

In these cases, Florida’s guardianship laws and exploitation statutes provide relief. If a loved one is still living but being controlled or manipulated, a guardianship petition can help protect their assets and prevent further abuse.

Staying Calm and Organized

Discovering someone is wrongfully controlling an estate or trust is highly upsetting. However, having an emotional confrontation can make the situation worse. Consider the following instead:

• Document everything. Retain copies of all relevant texts, emails, and statements.
• Don’t air grievances in public. Let your attorney do the communicating.
• Act quickly. The sooner the probate process begins, the easier it is to freeze assets and accounts.
• Don’t sign anything you don’t understand.

Keeping a cool, organized approach will help your case in court and allow the judge to see the facts clearly.

Prevention: Avoiding Estate Hijacking

The best defense is a good offense. Consider these steps:

• Create a clear estate plan that needs little interpretation. Review wills, trusts, and property titles every few years.
• Name backups. Appoint alternate personal representatives and trustees.
• Communicate your intentions to trusted people. Let them know where your estate planning paperwork is kept.
• Separate responsibilities. Avoid putting one person in charge of finances, health, and the inheritance.
• Work with a neutral professional. Drafting all of your estate planning documents with an experienced Florida probate attorney creates trust and transparency and can help reduce conflict later.

Even simple steps like storing copies of important documents with your attorney or appointing co-fiduciaries can eliminate confusion or abuse down the road.

Speak to a Qualified Probate Attorney Today

Estate hijacking is only possible when no one is watching. When no one knows who is in charge of the estate or trust, it is easy for someone to take over. Fortunately, Florida law gives families strong, practical remedies to restore probate honesty and fairness.

Act quickly, stay calm, and work with a knowledgeable Florida probate attorney to avoid permanent loss and restore peace of mind. Contact us today.