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Probate is already an overwhelmingly stressful and complex process. You want to trust that the executor will follow their fiduciary duty to execute the will as detailed in the document, but what happens when you face issues like forged documents or beneficiary manipulation? Probate fraud is a form of theft under Florida probate law, and all beneficiaries need to understand what it looks like so they can protect their rights and seek legal action when necessary.
What Is Probate Fraud?
Probate fraud occurs when an executor fails to fulfill their fiduciary duty, intentionally executing a deceased person’s will in a deceptive way. Since fraud involves the theft of assets, executor fraud usually involves interfering with a will with a clear intent to benefit a specific party.
Executors have a fiduciary duty to distribute the assets of a will according to the wishes defined in the document while upholding beneficiary interests impartially. They must also provide impartial information regarding all asset distributions, accounting, transactions, income, and expenditures to ensure that all parties have access to comprehensive information in the documentation.
Executors who fail to provide full information or misuse money in various accounts can be charged with fraud. Inappropriate probate transactions may sometimes occur by accident, or executors may have reasonable explanations for why they took their accounting measures. In all cases, though, beneficiaries and all parties relating to the estate must be aware of fraudulent activities.
For example, maybe one party manipulated the person who created the will to give them a larger share of the assets in the estate. This form of undue influence would count as probate fraud.
Examples of Probate Fraud
Probate fraud comes in many forms. Here are some common examples of probate fraud:
- Self-dealing of assets to specifically benefit the executor
- Forging a signature
- Fabricating a document
- Hiding the latest version of the will
- Manipulating the will creator because they lack the capacity to make sound decisions
- Falsely claiming that the deceased party owed them money
- Illegally removing assets from the estate
Looking at the Common Different Types of Probate Fraud
Fraud covers a wide range of manipulative behaviors. Even probate fraud can cover many tactics to attempt to benefit from the deceased person’s will. Here are common categories of probate fraud that you should be aware of:
Forged Documents
In some cases, a will executor, administrator, or close loved one attempts to open a probate estate with a will document that the deceased person never actually signed, so they forge the signature. While this may not seem to have malicious intent, it can cause rippling consequences.
Without a properly notarized document, the court cannot verify that the will was originally created under proper legal circumstances. The entire document might be false and may not reflect the originator’s wishes.
Proving forgery often requires the following:
- A signature or handwriting analysis
- Proof of replaced or missing pages
- Evidence showing the document has been taken apart
- Proof showing differences in font or paper quality
- Unusual modifications or corrections
Undue Influence
A common form of probate fraud is undue influence, in which the originator signs a will, trust, or other document but does not necessarily do so in the correct state of mind. With undue influence, the guilty party typically influences the originator to sign a new estate planning document or change their current one to benefit them for various reasons. Undue influence cases can be highly complex and often involve a lot of emotion.
For example, the executor might convince the will originator to change their will to give more assets to them. They might do so when the originator is not in a sound state of mind, making the adjustment fraudulent.
Estate Fraud
Undue influence often requires a high burden of evidence, so in many cases, loved ones claim estate fraud for similar purposes. With estate fraud, a person might lie to your loved one, causing them to revise their estate plan under untrue statements. Under estate embezzlement, the person may write beneficiaries out of their will due to the lies they’ve been told or sign documents they don’t fully understand.
Guardianship or Executor Fraud
In some cases, parties commit fraud in an attempt to become a person’s designated executor or child’s guardian. Executors should hold fiduciary duty over assets, so when they assume this role with the goal of using this power to their advantage, the lie constitutes fraud. For example, they might lie about their identity or intentions to assume the role of executor with every intention of taking control of the assets once the person passes.
How Do You Prove Probate Fraud?
Proving probate fraud requires you to establish three main points:
- Misrepresentation: The fraudulent party made some type of false statement to the will originator. The will originator relied on this statement when creating or editing their estate planning documents.
- Intent to deceive: The fraudulent party intentionally acted in a way to benefit themselves or make the will originator change their estate planning documents.
- Benefit or harm: The party benefited from their fraudulent actions or harmed other parties from their actions.
What Happens Next?
When probate fraud occurs, the process of seeking your inheritance can be significantly delayed. A will contest may result in the rejection of the original documents, which can lead to lengthy court decisions.
If you need cash now for financial support during probate, Rockpoint Probate Funding can help. We offer fast, non-recourse inheritance advances and information on topics regarding probate, like obtaining a copy of the will. Apply online for your cash advance today or call Rockpoint Probate Funding at (888) 263-8588 with any questions.
