What is Florida Probate Fraud? What can you do to protect yourself once you have discovered it? To read Florida Probate Law Commentary on Overturning a Will Based Upon Fraud, CLICK HERE. To read more about this estate topic, continue reading. Fraud in Florida Fraud is a cause of action in Florida legal proceedings. “Generally, if something is caused by fraud, it is void” says probate litigator John Pankauski, who wrote a Probate Litigation Guide. He wrote about 10 common probate mistakes. We recently provided commentary on Fraud on the Court in Florida. That is not what we are talking about here. “When you speak about Florida Probate Fraud” continues Pankauski, “most people think about two things.” First, a will or trust caused by fraud is void. Read Florida Probate Law 732.5165. Second, if a trustee or executor is hiding or stealing assets, that is fraud. Whether you can sue for Civil Theft or Breach of Fiduciary Duty depends on your facts. “And” Pankauski points out “it depends on the type of fraud, too.” Yes, there are different types of fraud in Florida. “Knowing what type of fraud occurred is important” says Pankauski. And that will help you understand how to exercise your rights when you face Florida Probate Fraud. (To read more about Inheritance Theft, CLICK THIS LINK.) Exercising Your Rights If you believe that a will or trust was caused by a lie or undue influence, you need to ask a judge to make that ruling. You can […]

Do you believe that you are a victim of probate fraud in Florida? Many heirs and family members ponder that question.  Often, they question last minute changes to an estate plan.   Florida probate fraud may also exist if a fiduciary intentionally hides information.  What should probate litigators in West Palm Beach know about probate fraud? If your dad’s girlfriend convinces your dad to disinherit you, your dad’s only child, from his will and leave everything to her, this could be probate fraud. When something like this happens, there are usually allegations of undue influence regarding a Florida will/trust,codicil to a will, or trust amendment/ restatement of trust. Trust and estates lawyers know that undue influence is a type of fraud.  Here is a FREE VIDEO on undue influence & probate fraud.  What is undue influence? Undue influence is a common allegation to try to set aside a will or trust, and is often described as over-persuasion, force, or coercion. If someone was forced to sign a deed, or “give over” a bank account, those acts may be set aside if they were the product of undue influence. In addition, a will, codicil, or trust can be thrown out if the testator or creator was unduly influenced to create them or change them. If you think you are a victim of probate fraud, what should you do? You should consult with a Palm Beach probate litigation lawyer who can file a petition in a Florida probate, or a lawsuit regarding a trust, bank account, lifetime gift, or inter […]