What Should I Do if I Suspect Fraudulent Documents and Identity Theft Are Affecting My Inheritance During Probate? - Florida
The Short Answer
In Florida probate, suspected forged or fraud-procured documents can directly affect whether a will (or part of it) is valid and who inherits. If you believe fraud or identity theft is involved, you should treat it as an urgent probate dispute—because once assets are transferred, recovering them can become much harder.
What Florida Law Says
Florida law recognizes that fraud can invalidate a will (or specific provisions) and that false statements in verified probate filings can carry serious consequences. Separately, Florida also criminalizes identity theft-type conduct, including the fraudulent use of another person’s personal identification information—including a deceased person’s information.
The Statute
The primary law governing fraud affecting a will is Fla. Stat. § 732.5165.
This statute establishes that a will is void if its execution was procured by fraud (and related misconduct like duress, mistake, or undue influence), and that any fraud-procured portion can be voided even if other parts remain valid.
In addition, probate filings that require verification are governed by Fla. Stat. § 731.104, which provides that willfully false statements in verified probate documents can constitute perjury.
And if what you’re seeing looks like identity theft (for example, someone using the decedent’s identity or financial identifiers to redirect assets), Florida’s identity theft law is Fla. Stat. § 817.568, which criminalizes the fraudulent use of personal identification information (including provisions addressing deceased individuals).
Why You Should Speak with an Attorney
Even when you strongly suspect fraud, the probate court will not “fix it” automatically. The outcome often turns on what can be proven, how quickly you act, and whether the suspicious document is a will, a beneficiary designation, a deed, or a verified filing in the probate case. Legal outcomes often depend on:
- Strict Deadlines: Probate disputes can move fast, and delays can allow assets to be distributed or sold. If fraud involves a spouse’s inheritance rights, Florida also has a specific time bar in some situations (for example, actions under Fla. Stat. § 732.805 are generally subject to a 4-year limit from the date of death).
- Burden of Proof: Allegations like forged signatures, fabricated “lost will” stories, or fake notarizations typically require document analysis, witness testimony, and careful use of discovery—often beyond what a family member can realistically gather alone.
- Exceptions and Overlapping Issues: Probate fraud often overlaps with non-probate transfers (deeds, POD/TOD accounts, beneficiary changes) and potential criminal conduct (forgery/identity theft). Coordinating the right probate objections with the right civil and law-enforcement strategy is delicate.
If you are seeing red flags—unexpected “new” documents, sudden beneficiary changes, missing originals, or accounts opened/changed using the decedent’s identity—talking with a Florida probate attorney early can help preserve evidence and prevent irreversible transfers.
Related reading: What evidence is needed in a Florida will contest? and Setting aside a fraudulent deed involving estate property.
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.