Many dis-inherited heirs & family members seem to know a lot about fraud when they want to file a Florida inheritance lawsuit. Did you know that an Undue Influence case in Palm Beach probate is a species of fraud? Wondering about fraud in a will contest or a challenge the will lawsuit in Florida probate? Well, just how long do you have to sue for fraud if you want to file a Florida probate litigation matter? Consider reading the August 19, 2015 Florida 4th DCA case ofOgnenovic v. David J. Giannone, Inc., 4D14-4833, which discusses the statute of limitations for fraud in Florida. Although this is not a probate case, it is very helpful.
Why does fraud matter in Palm Beach estate & trusts?
- Florida probate litigation can be emotional dealing with all those family issues like sibling rivalry, “why did mom put her in charge of the Boca house?”, “why does he get to run the probate estate?”, “I inherited less than she did and she got the joint bank account, too.“
- And many times, siblings don’t get along and don’t trust each other
- How many times does a stepchild or step-parent to a Florida guardianship, or, for that matter, a brother or sister wonder where all of the trust money went?
- “I thought mom was a lot richer than $1 Million“
- Who took all of mom’s money and why isn’t it in the estate?
- And when someone hides something, lies about a joint bank account, tells a half truth, or a “little white lie” about signing the will, well, that can be fraud
- And when a trustee or an Florida executor self-deals or takes money, or engages in conflicts of interest, or does not tell you something that the trustee or exectuor should have, that can be fraud as well
- Did you know that in Florida undue influence is a species of fraud?
How long do I have to sue for fraud in Palm Beach ?
- Constructive fraud has a statute of limitations of 12 years
- Civil theft has a 5 year statute of limitations
- You might read, online for free, the Florida statutes of limitations in chapter 95 of the Florida Laws
- BUT remember: in probate litigation matters in Florida, the time frames, time constraints and statutes of limitations unique to Florida probate and trust matters can be much, much shorter: in some cases days or months.
- Did you know that Florida law has a number of types of fraud that you can sue for?
- Do you know the difference of suing for civil theft vs. conversion in Florida estate lawsuits and probates?
Here is a copy of the Florida 4th DCA opinion about constructive fraud and fraud: http://www.4dca.org/opinions/Aug%202015/8-19-15/4D14-4833.op.pdf