Florida 3rd DCA Appeal: What Constitutes Fraud in Florida’s Probate Courts?

Uncategorized • Jan 20, 2016

Estate litigation in Florida invariably can turn into a spill over of family drama. Can the decedent’s representations and statements create a claim of fraud against the estate? Check out this recent case out of the Third District Court of Appeal to learn more about family feuds and how they can turn into Florida probate litigation.

What is Fraud in Probate Court?

Florida probate lawyers know that clients like to use the word fraud as a synonym for “wronged.”
Just because someone wronged you does not mean they defrauded you.
They could have converted your property, stole from you, breached their fiduciary duty or exercised undue influence without ever defrauding!
So what exactly is fraud?
Estate attorneys Florida know that fraud is not easy to prove.
In fact did you know the Florida probate courts have special rules related to fraud and pleading it in a probate lawsuit.
What do probate attorneys Florida know about fraud that you do not?
If you spoke to a will contest lawyer chances are you know the problems facing a claim of fraud.
Florida estate attorneys usually like to fall back on alternative causes of action.
Like what?
Check out this recent case out of the Third District Court of Appeal and ask how your Florida estate or will contest lawyer would have handled it differently.

Moriber v. Dreiling

This was a complicated case involving multiple parties in a well to do family.
The family had set up multiple trusts, life insurance policies and accounts for the family.
The problem was one member of the family got into a heated dispute with the breadwinners.
As a result she was informally cut out of all communications and some of the estate benefits.
She continued to seek an accounting and other records.
Under Florida probate law was she entitled to those records?
Either way, she also sued the estate for fraud for representations that the decedent made while living.
Will this work?
Why should it not?
Here the Court stated that the Plaintiff could not have relied on the statements of the decedent and thus there could be no fraud.
See why it is so important that the Florida probate lawyer handling your case understands what fraud is?

Want to learn more about proving fraud in estate lawsuits?

Check out the entire case by clicking here.

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