Probate fraud occurs when someone submits an invalid will or false information seeking to deceive the interested parties. Florida law has strict provisions to prevent fraud or counterfeiting during probate proceedings, as well as enforcing the applicable penalties against infringers.
In this article, you will discover the steps to follow when suspecting probate fraud in Florida.
Probate Fraud in Florida – Common Reasons to Contest Probate Administration
Any individual interested in the decedent’s will may file a challenge to contest the document’s validity. If there is no will, the estate of a deceased Florida resident must be administered according to the state intestacy laws.
In such cases, Florida Statutes §733.301 (1)(b) establishes the following order of preference in the appointment of the personal representative:
- “The surviving spouse
- The person selected by a majority in interest of the heirs
- The heir nearest in degree. If more than one applies, the court may select the one best qualified”
If the decedent’s heirs cannot agree on who should serve as administrator and there is evidence of fraud involved in the process, one of the parties can file for litigation.
It is fundamental to work with an experienced attorney during this process, as the timeframe involved is short and identifying the existence of fraud requires superior legal expertise.
Another reason to challenge a probate administration is suspicion that a personal representative incurred fraud or overcharged the estate. Under Florida law, a personal representative (or “executor”) must uphold a fiduciary duty to the estate and its beneficiaries.
The scope of power of a personal representative is defined by statutory provisions and the instructions in the decedent’s will. If an executor commits fraud when submitting formal accountings, one of the beneficiaries of the estate can challenge the administrator.
Falsely submitting a claim for a spousal election is also a common reason for probate fraud litigations in Florida. The state law offers several protections to surviving wives, which may lead a malicious person to submit a false claim for post-death spousal benefits.
Similar to a personal representative, guardians and trustees also have a fiduciary duty to the probate estate and its beneficiaries. If any of these parties commit fraud, an interested party can work with a probate litigation attorney to seek remedies in court.
What Do You Do If You Suspect Probate Fraud in Florida? – Statute of Limitations
Florida Statutes § 733.212 (3) provides that the objections to the validity of a will must be filed “on or before the date that is 3 months after the date of service of a copy of the notice of administration on the objecting person, or those objections are forever barred.”
However, Florida case law sets the precedent for the potential relaxation of the 3-month statutory deadline. A Florida Supreme Court judgment in the case Hill v. Davis (Fla. 2011) provides that the short deadline may not apply for challenges based on facts not known during the period.
Florida Probate Fraud – Immediately Seek Expert Legal Guidance
Dealing with fraud or undue influence in probate proceedings can be overwhelming without expert legal guidance. Contact Attorney Romy B. Jurado today by calling (305) 921-0976 or emailing [email protected] to find the best solution for your case.
