Criminal Penalties for Fraud in Florida

Unfortunately, not everyone acts honestly when someone is alive or after they pass away. Fraud happens when someone intentionally misrepresents, hides, or steals assets to gain more than their fair share. These cases are not only grounds for civil litigation, they can also lead to serious criminal penalties under Florida law.
If you suspect fraud, it’s important to act quickly. A Pompano Beach estate litigation lawyer can help investigate the situation, gather evidence, and determine whether to pursue civil remedies, criminal charges, or both. Early legal involvement is key to protecting the estate and ensuring that justice is served.
What Is Fraud?
Fraud takes many forms. Forging or altering a Will is one example. This is when someone changes a signature or wording within a document to redirect assets to themselves.
There have also been Personal Representatives who failed to disclose bank accounts, property, or valuable possessions in order to hide assets, and individuals who have misused the power of attorney. Specifically, when the person takes advantage of authority granted before death to transfer assets for personal gain.
Someone who manipulates a person with diminished capacity into changing their estate plan could be held accountable, too. These actions not only undermine the decedent’s true wishes but can also devastate families who expected fairness.
Florida law treats fraud seriously, and the penalties vary depending on the type and severity of the misconduct.
- Forgery of a will may be prosecuted as a third-degree felony, carrying up to five years in prison and a $5,000 fine.
- Grand theft of estate assets worth more than $100,000 is a first-degree felony, punishable by up to 30 years in prison and fines of up to $10,000.
- Exploitation of an elderly person or disabled adult can be a felony offense, with penalties ranging from probation to lengthy prison sentences, depending on the value of the assets taken.
In addition to criminal punishment, individuals found guilty of fraud may also face civil liability, including repayment of stolen funds, removal as Personal Representative or Trustee, and loss of inheritance rights.
Is There a Way to Avoid Potential Pitfalls?
Most fraud occurs when there is a lack of transparency and oversight. Steps to prevent problems include clear documentation. Ensuring that Wills, Trusts, and Powers of Attorney are properly drafted, signed, and witnessed is a key first step.
Then, review estate plans periodically, especially after major life changes, and talk openly with family members about intentions. These proactive measures make it much harder for bad actors to take advantage of the system.
Fraud doesn’t just threaten financial assets, it undermines trust and family relationships. In Florida, it can also lead to harsh criminal penalties, including prison time and hefty fines. By working with an experienced Pompano Beach estate litigation lawyer, families can protect their loved one’s legacy and avoid costly, stressful disputes.
Wondering if an inconsistency you’ve noticed is an indicator of estate fraud? Connect with the estate attorneys at Mark R. Manceri, P.A. Schedule a confidential consultation to learn more.