5 Things You Need to Know About a Florida Fraud Lawsuit

In Palm Beach County, many trust beneficiaries or probate beneficiaries sue or want to sue for fraud.  For example, many trust beneficiaries Palm Beach who feel that their trustee of an irrevocable trust is hiding “stuff” want to sue the Palm Beach trustee for fraud.  But many trust litigation law firms from Boca Raton to Jupiter, Florida know that fraud is very fact specific.  So, before you start your fraud lawsuit Palm Beach, here are 6 tips about a fraud lawsuit in Florida.

1. The statute of limitations for fraud in Florida is 4 years
2. The statute of limitations for a Palm Beach fraud lawsuit begins to run from the time the cause of action accrues
3. A cause of action for fraud in Florida accrues when the last element constituting the fraud occurs
4. While the law of fraud in Florida does not endorse a “hear no evil, see no evil approach”, neither does it require than an injured party have to presume wrongdoing from the outset
5. The period of time for filing a fraud lawsuit in Florida does not commence to run until the time that the facts giving rise to the cause of action for fraud were discovered.

For more on fraud, you can read the October 29, 2014 case of Smith v. Bruster, a 1st District Court of Appeal case from Florida.  Case No. 1D13-5093, the legal opinion on the fraud appeal was written by Justice Van Nortwick.

Finally, understand that Florida has many species of fraud such as undue influence, fraud in the inducement, constructive fraud, fraudulent misrepresentation.  Knowing whether or not fraud is present in probate litigation Palm Beach or trust lawsuits Boca Raton will help your estate litigation law firm.