How to Win a Probate Fraud Trial: a look at fraud in estates and trusts in Florida
Do you believe that you are the victim of probate fraud? Are you involved in probate litigation in Martin County, Palm Beach or Broward County, Florida? Is there a Florida estate or probate open for a person who died in Florida? If you are a beneficiary of a Florida trust or estate, or are a creditor of the dead person, you may be getting a number of Palm Beach probate court filed documents or Broward County probate documents which ask you to sign something or agree to something in the estate or probate matter. You should ask your Florida probate lawyer before you sign anything. But beneficiaries and heirs in Florida estates often face many questions about the property in a Florida estate or trust. Why does the trust or will say what it says? Why did “X” get all that money? Where did all of the Florida resident’s money go? (I thought he or she was richer.) How did “Y” get put in charge of the Palm Beach estate or the Broward County trust? Many beneficiaries, heirs and family members to estates from Stuart to Jupiter, to Boca Raton, to Parkland, often have a number of questions about money, estates, inheritances and who spent the money. Many heirs file probate documents or Weston to Boca Raton to conduct discovery and some file probate lawsuits to try to answer these questions. Some family members or beneficiaries who believe that they have been wronged make allegations of fraud. For those that believe a person committed undue influence, a lawsuit is typically brought against the person who supposedly committed the undue influence. For those that wonder where all the money went, they likewise might object to a petition for administration or bring a probate lawsuit, or conduct financial discovey to learn: where are all the estate assets or where are all the trust assets? Many times, when an heir or beneficiary, or one who was “cut out” of a Florida trust or estate, don’t know the answers to these questions, and believe that someone did something wrong, they file a fraud probate lawsuit: a fraud suit in the probate court. Winning a fraud trial for probate matters in probate court requires the careful assembly of fact specific events and circumstances which demonstrate that someone lied, or cheated, or told a half-truth or did something that was misleading. The heir or beneficiary who files this fraud lawsuit or who contests a will or objects to a will based upon fraud needs to have a reasonable basis for brining the probate lawsuit. You will lose if all you have is conjecture or guesswork. Undue influence is a species of fraud and must be proven by demonstrating acts of duress, force, over-pursuasion. Fraud must be alleged or pled in a lawsuit for wills or trusts or estates with what is referred to as “particularity”….which means specificity. The heir or beneficiary who is alleging fraud in a Florida probate or during a Florida estate administrtion must describe who committed the fraud, when the fraud was committed, what acts constituted or made up the fraud, or how the fraud was perpetrated. In other words, to win a probate fraud trial, or to win a Florida trial involving an estate, trust, will or inheritance, the plaintiff or petitioner must prove the particular acts of fraud: you must produce documents, testimony and other evidence from which a probate court judge can see who committed the fraud and how the fraud was “done.” Judges in Broward and Palm Beach are very experienced in fraud trials and many heirs and beneficiaries “throw around” fraud allegations: but you need to be able to support those allegations with specific facts to win: particularity. Oh yes, you also need to demonstrate that the fraud caused you harm, and you need to specify how much in damages you are due. Your probate trial lawyer or estate litigator or trust lawyer should have a detailed understanding of estate damage scenarios, trust damage ranges or estimates. Need to talk to someone about Florida fraud? Email michelle@pankauskilawfirm.com for a free 30 minute conference. Advocate hard. Litigate smart.