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Florida Grand Theft/fraud first degree

Lakeland, FL |

Can't say much here. Florida trustee was caught in act of committing fraud by his attorney. Attorney gets funds and puts it in a trust account for rightful heir for a period of years in order to accrue interest. When the beneficiary gets it, can he still claim that he was temporarily deprived even though we had put it in a trust account for him? Complicated and all can say here.

rightful heir suspects something amiss because we don't give a direct/clar answer.

Attorney Answers 3

Posted

I'm going to edit the practice area for your question. You haven't provided a great deal of information which is a good approach as your postings are not confidential. I highly recommend that you reach out to contact attorneys from your area that respond to your inquiry to talk privately and confidentially with them. Most of us offer free, if limited, initial consultations. At least in that setting you will be able to give one or more lawyers enough information for them to form a useful opinion and provide suggestion(s) as to the available approaches. Good luck.

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2 comments

William A. Jones Jr.

William A. Jones Jr.

Posted

I placed your question under "Estate Planning" the choice I would have preferred "Estate Administration" is not an available choice. Should make little difference.

Asker

Posted

Thank you

Posted

I agree with Attorney Jones. As you have conceded, your matter is complicated and situations like this always turn on the peculiar facts of the case. I would strongly suggest that you meet with a probate attorney and review all of the circumstances to determine what claims you may have, if any.

James Frederick

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Posted

I agree with Attorney Jones and Frederick that you should meet with an attorney to discuss your particular facts. It is not uncommon that trustees misappropriate funds. It is usually hard to recoup those funds because once trustees take them, they generally spend them. It's hard to collect money period. It also is probably not a good idea to wait to make a claim because there are always statutes of limitation in play.

The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button

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James P. Frederick

James P. Frederick

Posted

I agree with you. It is also not clear from the facts whether any money was actually LOST, or whether the attorney for the trust was able to stop the misappropriation and recover the funds. An attorney would need to analyze this to determine what the actual damages were.

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