In the world of Palm Beach probate litigation, the word “fraud” is thrown around a lot. A recent, September 11, 2014 Florida appeals court opinion on fraud serves as a good reminder of 5 things you need to know about fraud in probate litigation.
Why Do I Need to Know About Fraud in Palm Beach Probate?
- You may not need to
- But if you are the successor trustee of a revocable trust who lives in Delray Beach, and you have disgruntled trust beneficiaries, you should try to insure that you are running the trust properly. If you withhold information or administer the Florida trust in secret, you may be accused of fraud
- What about Palm Beach probates?
- Well, if you are an estate beneficiary and you are not being told everything which you are entitled to know about an estate in Boca Raton, you may be wondering if that non-disclosure was intentional, or just a mis-understanding or mistake.
- Doesn’t every executor of a will, Personal Representative, Trustee of a Palm Beach revocable living trust, or an estate or trust beneficiary want to know their rights under the Florida Probate Code or the Florida Trust Code?
Fraud in Estate Lawsuits — what is fraud under Florida probate law?
- Fraud in a Florida probate lawsuit can be lying
- Fraud can be telling someone a half truth
- Fraud can be not telling someone a fact that they should know or will want to know
- Fraud in Florida lawsuits can be hiding the truth, lying about something or not giving someone the “whole picture“
- Can deception and intentionally misleading someone be fraud? Yes
- In Florida lawsuits, there are many types of fraud, or, perhaps put a better way, fraudulent conduct has been, or can be, described many ways
- Extrinsic fraud, fraud in the inducement, fraudulent misrepresentation, etc.
5 Things You Need to Know About Fraud in Florida
- So, a very recent Florida fraud case, a Florida appeals court opinion from the 1st District Court of Appeals, reinforces 5 important matters about Fraud in Florida which may matter for probate litigation Palm Beach
- This recent case from Florida’s appellate court is not a probate case, but it does focus like a laser on important aspects of Florida fraud law
- When can you sue for Fraud in Florida? The statute of limitations begins to run from the time the cause of action for fraud accrues.
- A cause of action for fraud in Florida lawsuits accrues when the last element constituting the cause of action occurs
- In Palm Beach fraud cases, the last element occurs when the plaintiff, or the person who was harmed by the Fraud, knew or should have known of the facts which made up the fraud
- The person supposedly harmed by the fraud can not just sit on her or his hands: when Florida courts talk about fraud in a lawsuit, what they mean is that the last element of the fraud occurs when you should have known about the fraud, when you should have discovered the fraud BY DUE DILIGENCE
- There is a four year statute of limitations in Florida for fraud
Want to Read or See More About Florida Fraud?
Q: Want to read the entire Florida appeals court opinion on fraud?
A: Check out Smith v. Bruster, 39 Fla. L. Weekly D 1956, www.1dca.org.
Opinions page: http://www.1dca.org/opinions/opinions_default.html
Opinion link: (free) https://edca.1dca.org/DCADocs/2013/5093/135093_DC13_09112014_094037_i.pdf
Q: Want to see a free video on Florida probate topics?