An invalid will is written under deceptive or fraudulent circumstances. It is not uncommon for will fraud to involve family members, fiduciaries, caregivers or friends. The intent of will fraud is to fraudulently take possession of the decedent’s assets such as cash in a bank account or other financial account, stocks or bonds, real estate or other assets that should really belong to a Miami estate.
Examples of miami will fraud that results in a will that may be voided:
When a decedent’s will is forged leaving substantial assets to someone who may not have been otherwise entitled to inherit those assets or the person receives a larger share than the decedent would have decided to gift or bequeath to the person had the decedent actually made a valid will under Florida law.
For instance, your father’s significant other may have forged his signature on a will leaving her all his assets instead of leaving a portion to you and your siblings. The will could be voided by the court and considered invalid. However, unless there was another valid will, your father would be considered dying intestate, and you and your siblings would inherit according to the Florida intestate laws.
Another kind of will fraud may occur is when the maker of the will is coerced or under undue influence by a caregiver or family member to make a gift or bequeath of estate assets to that person.
So let’s say your mother’s nurse influenced her to change her will and leave the nurse her house instead of leaving it to you and your sister as she had promised. You and your sister could challenge the will after your mother’s death to get the title to the house transferred to your names instead of the nurse, if you can prove through testimony and evidence that the nurse had undue influence over your mother.
How to Get Estate Assets Back
If you are a beneficiary, heir, executor, trustee or other interested party to an estate and you discover that estate assets were transferred fraudulently, you have the right to file a litigation proceeding with the Miami–Dade probate court asking the court that the assets be returned to the estate and heirs or for financial reimbursement for the loss of the assets. You can also file a criminal action with the district attorney’s office.
How a Miami Estate Litigation Attorney Can Help
A Miami estate litigation attorney can review the transaction in question in order to determine if a fraudulent transfer of estate assets has taken place and assist you with filing a litigation action with the court to get your assets returned to the Miami estate or receive compensation for any losses.
If you wish to speak to a Miami estate attorney, call the Law Offices of Albert Gurevich at (786) 522-1411.