What do Florida estate attorneys need to know about fraudulent transfers? If you are involved in Florida probate litigation you may be seeking big bucks from the other party. So what do you do when they transfer all their assets before the judgment is ordered? This is exactly why Florida probate attorneys need to know the rules pertaining to fraudulent transfers. If you want to learn more check out this recent appeal from Miami’s Third District Court of Appeals.
What Makes a Transfer Fraudulent?
- So what exactly is a fraudulent transfer?
- The word fraudulent there is kind of a misnomer, the transfers themselves in these cases are rarely fraud.
- What it really means is that the other side has defrauded creditors in making the transfers.
- This occurs any time a party is moving assets solely to avoid collection from judgments, creditors or the like.
- What can Florida probate attorneys do about fraudulent transfers?
- Experienced Florida estate attorneys may be able to undo a fraudulent transfer.
- Do you know how?
- You may want to check out this recent Florida appeal to learn more.
- Why would Florida trustees be liable for fraudulent transfers after being served with a probate lawsuit?
Houri v. Boaziz
- This was a complicated case centered around various real estate dealings.
- So what does this got to do with your estate litigation in Florida?
- More than you may think.
- Here two parties abused their position of trust with the Plaintiff and transferred assets out of the various companies they were working in together.
- The Plaintiff did not notice since he was busy dealing with his ill parents.
- Florida estate attorneys know that sometimes a family trustee may abuse their position and transfer assets.
- That may be ripe for probate litigation under the fraudulent transfers act of Florida.
- Do you know what you need to prove to undo a fraudulent transfer?
- Read the entire case to learn for yourself.
Want to learn more?
Check out the entire case by clicking here.
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