We buy homes in Orlando Florida. In the United States, inheritance or probate fraud is most prevalent in Florida. In no way is this implying that Floridians have a comprised integrity, but primarily due to Florida being a paradise for the elderly and retirees. Probate or inheritance fraud can take many forms making it all the more deceptive. From manipulation resulting in beneficiary changes, forcing the decedent to cash in annuities, or self-serving individuals taking advantage of bank accounts for their benefit. In this post, we hope to shed light on probate scams and warning sirens of the same in Orlando FL.
Warning Signs of Probate Fraud
The factors listed below may indicate probate fraud and should arouse suspicion. These are red flags to take account of, at the same time these factors could be genuine intentions. Make sure you gather more evidence, look for a combination of reasons before deciding to pursue further action.
Alterations to the Will
- The deceased changes his/her will soon before death naming new beneficiaries to the house that the family may not be familiar with
- Manipulation and coercion of the deceased before death to change the will or changing the will behind their back.
- Will forgery
Changes in Financial behavior
- The deceased has an unpaid mortgage and other bills before death, and fabricated debts attached to his/her name
- Unethical withdrawals or changes in the finances of the deceased when she/he was incapacitated, or unavailable
- Unusual fund transfer or withdrawal from the deceased’s bank account
- Addition of a new person to the deceased’s bank account before their passing
Post Death Scam emails/messages
- Fake emails sent to the beneficiaries from scammers purporting themselves to be the executioner
For additional details on warning signs of probate fraud and actions to text when suspecting, use these resources here, and here
Florida Probate Dispute and Fraud examples
If you are the victim of probate fraud during the process for your Orlando home, here are the immediate actions you should file and potential examples of the fraud. In the case of alternations or fraud concerning a will, Florida law dictates you have 90 days to file a dispute and contest the will in court. For Trusts, the deadline is even tighter, and you will only be allowed 60 days from onset. For probate fraud, there are two main relevant examples, fraud in the inducement, and fraud in the execution.
Fraud in the inducement
Fraud in the inducement is the preempted misrepresentation or manipulation of facts by a beneficiary or testator during the tampering, modification, or execution of a will. If proven this will invalidate the will.
Example: Beneficiary ‘X’ asks the testator to bequeath the family home to him. Testator refuses, however, X emotionally blackmails him to do so, and receives it on the testators passing
Fraud in the Execution
Fraud in the execution is the intentional misrepresentation of the character or content of a signed will. Simply put, when an individual deceives the testator by asking him to sign a document which he/she believes to be something else, but in actuality is his/her will.
Example: X asks misrepresents the documents and asks the testator to sign a will that would allocate a large part of an estate to X. X misrepresents the will as a water bill and deceives the testator into signing.
If you need help with your probate home in Florida, Your Trusted Home Buyer is your best choice. We are reliable real estate investors who have helped numerous customers in similar situations before. We buy houses Orlando; so, you will have our 100% honest guidance and support when dealing with the red tape and legalities and selling the home to us is a guaranteed fast sale at a fair price to you!