What Happens When Someone Steals An Estate Asset By Forgery?

The personal representative of a Florida probate estate is responsible for gathering all of the estate’s assets. This may include taking steps to recover property that may have been wrongfully taken from the decedent during or after their lifetime. Such steps may include initiating civil litigation on behalf of the estate outside the regular probate process.

Jury Orders Notary to Pay Estate for Approving Forged Deed

A recent decision from the Florida Fourth District Court of Appeal, Scheible v. Brown, provides a good example of what we are talking about. This case involved a forged deed used to illegally transfer title to a house. The house originally belonged to a woman who died in 2008. The woman left the house to her brother, who in turn allowed his niece to continue living on the property rent-free (so long as she paid the expenses and taxes). Eventually, the brother signed a deed transferring the house to his niece outright.

The niece lived in the home with her boyfriend until she herself passed away in 2015. At that time, her uncle was named personal representative of her estate. While administering the estate, the uncle learned that the boyfriend had “sold the property to third-party purchasers,” despite the fact he never owned the home.

As it turned out, the boyfriend had forged the niece’s signature on a deed transferring ownership of the house to himself. The deed was notarized and recorded a month after the niece’s death. The boyfriend then filed a separate deed a few months later transferring the home to the third-party purchasers.

The uncle, acting as personal representative for his niece’s estate, subsequently sued the notary who attested to the forged deed. Essentially, the estate’s claim was that the notary committed negligence by notarizing the deed outside the presence of the lawful owner (i.e., the niece). The notary said she did not recall notarizing the deed in question.

The case proceeded to a jury trial. The jury agreed with the estate that the deed was forged and the notary had been negligent. The jury awarded the estate $247,000 in damages. The judge, however, ordered a new trial after holding that the defendant’s actions “were of no consequence” since the forged deed was void to begin with.

On appeal, the Fourth District reinstated the jury’s verdict. The appellate court said the estate proved its negligence case at trial. Specifically, the estate showed the notary’s negligence was a “proximate cause” of the financial loss to the estate. Without the notarization, the Court noted, the forged deed could never have been recorded, nor could the boyfriend have sold the property to the buyers.

Speak with a Florida Estate Litigation Attorney Today

A personal representative serves many functions. Perhaps the most important is ensuring that all property lawfully belonging to an estate is accounted for and available to pay necessary expenses and debts, not to mention the beneficiaries. If you need legal advice from an experienced Pompano Beach estate and trust litigation lawyer, contact the offices of Mark R. Manceri, P.A., today to schedule a consultation.

Source:

4dca.org/content/download/828114/opinion/201899_DC13_02092022_100201_i.pdf