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Do You Suspect Fraud?
When you lose someone you love, the last thing you want to do is wonder if their current will was created of their own volition. The probate process is already long and complicated, and any disputes can cause expensive delays. Heirs often rely on the deceased person’s assets to pay for funeral and legal costs, as well as to maintain the property the decedent owned. Delays in having these assets released cause bills to start piling up or even see those assets depreciate in value.
Accusations of fraud or forgery are serious claims and can cause extensive delays as the probate court investigates these claims. You can help yourself and your family find a fair resolution with Bloodworth Law, PLLC. Call 407-449-8958 to get a free consultation with a compassionate attorney who understands fraud and forgery claims impact probate.
What Counts as Fraud or Forgeries in Probate?
Both fraud and forgery are two of the most serious allegations that can arise during probate. Probate fraud usually refers to any deceitful or misleading actions that alter the distribution of an estate. Fraud can occur through falsified documents, misrepresentation, or undue influence of the testator, who creates the will. This can take many forms, from the intentional omission of a rightful heir, false statements that cause the testator to change their will, or purposefully concealing estate assets.
Forgery occurs when someone signs a legal document that they are not a party to or creates fake documents with the intent to deceive. In probate litigation, this involves forged wills, fabricated amendments, or false power of attorney documents that allow someone to redirect the testator’s assets away from their intended beneficiaries. Forgery is most commonly committed by someone close to the decedent. This can be a caregiver, family member, or trusted advisor.
The presence of fraud or forgery in probate proceedings can be enough to invalidate an estate plan completely. The probate court will examine the circumstances and listen to testimony to determine whether or not the claims are true. If they determine the accusations to be false, the courts will likely discard the claim, and the estate will likely be distributed according to the will. However, if the court suspects foul play, they will decide how to fairly distribute the estate, either according to a previous will or Florida’s intestacy laws. This will lead to complicated legal battles and strained relationships and can cause severe financial burdens for those involved.
What are the Legal Consequences of Fraud and Forgery in Florida Probate?
As previously mentioned, the presence of fraud or forgeries will lead to the decedent’s will be invalidated. The probate court will determine the fairest way to distribute the decedent’s estate, either by locating a previously valid will or by following Florida intestacy laws. Intestacy laws follow the line of succession, which favors the decedent’s spouse and children. If they did not have a spouse or child, succession moves to parents, siblings, and eventually extended relatives.
Parties guilty of probate fraud or forgery may face both civil and criminal penalties. They may face charges of forgery, fraud, and elder exploitation, each a serious crime that may lead to fines, restitution, and even prison.
The person accusing someone else of fraud bears the burden of proving their claims. They can employ a handwriting expert, use a previously valid will, or supply witness testimony to prove their claims. Proceedings are complex and can be costly. They delay probate and increase litigation costs. You will need the help of Bloodworth Law, PLLC, to help settle these accusations.
How Can Bloodworth Law, PLLC Help Settle Your Dispute?
A probate litigation attorney is crucial in uncovering and resolving fraud and forgery claims during estate disputes. Our primary objective is protecting your rights, whether you are a beneficiary contesting suspected fraud or forgery or defending the legitimacy of estate planning documents. We can help you with the following legal services:
Conducting Investigations
We will gather and analyze evidence to prove your case. This usually includes financial records, prior wills, and witness statements. Our forensic experts will examine the documents to verify handwriting and ensure they were signed by the decedent. Employing expert testimony will lend further support to your claims.
Challenge Questionable Documents
Once we have enough evidence, we will help you file a petition to contest the forged or fraudulent documents. We want those documents invalidated so beneficiaries can receive their rightful inheritance.
Mediate Settlements
We want to help you and your family avoid lengthy litigation. We can work with all parties involved to reach a fair settlement, ensuring fair asset distribution and minimizing the legal impact and emotional strain.
Represent You in Probate Court
The goal is to reach an agreement that helps you avoid court, but we aren’t afraid of representing you in court. We will help you present valid evidence, cross-examine witnesses, and fight against fraudulent documents.
Should You Call Bloodworth Law, PLLC?
Speaking with an attorney who understands probate disputes, fraud, and forgeries as soon as suspicions arise can save you a lot of money, stress, and tension with your family. We can help present your case, come up with a fair settlement, and help your family get through this difficult time.
Call 407-449-8958 to get your free consultation with our experienced probate attorneys. If you need help with other estate planning matters, Bloodworth Law, PLLC is here to help!
