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A Cautionary Tale

By: Trevor L. Stapleton

We recently had a call from an individual, “Person X”, who was asked to pay money to a Companion to help settle the estate of the Companion’s father. Specifically, the money was necessary to pay estate taxes, to allow the release of the decedent’s assets. The Companion provided Person X a copy of a “Will” that seemed to look like a formal and “official” document. It had our firm’s name, logo, and address at the top, recited some “testamentary” sounding language, included the name of an attorney alleged to work at our firm, and had an official-looking “seal” near the signature line. The Companion indicated that several thousand dollars were needed to pay estate taxes, to allow for the release of the several million dollars in assets listed in the “Will.”  Thankfully, Person X was suspicious and, rather than just relying on an internet search to verify that our firm exists, Person X called us and sent us a copy of the “Will” to look at. There were numerous problems with the Companion’s story, and we could immediately see many issues with the document itself. In addition, to claim these assets, there would need to be a probate proceeding. Moreover, all the decedent’s money and property would be available and required to be used to pay any estate taxes, assuming any estate taxes would even be due, which is not necessarily the case due to current exemption amounts. So, a proper analysis required drawing together a number of elements that are not evident to someone without the requisite knowledge or experience in estate planning. Thankfully, Person X was suspicious and contacted us, and we were able to confirm that the story and the document were fake, and this was, unfortunately, a scam to take Person X’s money.

It was clear that the Companion had taken the time to piece together a document to support the tale and ask for money, and by including an actual law firm name, logo, and address, lend it credibility. Research on the internet would verify that yes, we are a law firm in Sacramento, and our services include estate planning, so it could be plausible that the document was authentic. But the internet cannot take the place of the knowledge, experience, and analysis of an estate planning professional.

So, please be careful, trust your instincts, and if something seems off, do not just rely on what you find online. Contact experienced professionals to assist you. A little time or cost now can save you and your family from heartbreak and disaster down the road.