Forgery is serious business. And, in Florida, such allegations are not new or out of the ordinary. Do you know how many people allege that a will or trust was forged? Or, rather, that mom or dad’s signature on a will was a forgery? Understanding the law of forgery is important to winning your case. Perhaps even more so if you are defending a signature or deed that is alleged to be a forgery. So, whether you are claiming a forgery occurred or are answering a Florida forgery lawsuit, here is some helpful insight to your Florida lawsuit. (For a free Florida probate video on whether a will is a forgery, simply click HERE.)
A Forgery….. really?
So, if you ask any serious, experienced, probate trial lawyer, what would they say? They would say that very few forgeries are proven. Maybe because in most cases, clear and convincing evidence is required to prove a forgery. Maybe because forgery is such a brazen act, right?
Often times, forgeries are not alleged (discovered) until one passes away. I mean it’s rare for a living person to learn that her signature was forged.
One of the best ways to learn a lot about a legal topic quickly to is read appellate opinions. You know, cases. What judges write. To read a 2017 Florida appellate court opinion on forgery, CLICK HERE.
But in many cases, that’s exactly what happens. Mom or dad die in Florida. There’s a deed going to someone. And family members or heirs at law question the validity of that deed. They compare signatures. And they sometimes thing there is a forged deed in Florida.
To read more about Florida forgery, click this LINK.
Forged Deeds in Florida — an opinion from the 5th DCA
On August 27, 2021, Florida’s 5th District Court of Appeal issued an opinion in a deed forgery case. Click HERE to read the opinion for free. If you don’t want to read it all, here are some of the highlights:
- Forgery is an intentional wrong.
- It occurs when a writing falsely claims to be that of another .
- The wrongdoer intends to commit harm (damages).
- This is not a case of a mistake.
- The legal document which is the subject of this claim must have some “efficacy” or relevance, or “harm-creating importance.”
- There must be damages.
- A deed that is forged is VOID.
- To have a deed declared invalid based upon forgery, you need a preponderance or greater weight of the evidence. (This is an easier “burden” than clear and convincing).