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Is there anything to be done in Florida after probate is over & funds distributed if there was fraud, theft and undue influence?

Palm Beach, FL |

The original will split the estate equally among, myself, mother & 6 other relations. My mother drafted a new will shortly before my grandmother was incapacitated. She drugged her & me to get her to sign (& me to witness) a new will making her sole beneficiary. There are 2 witnesses to this unrelated to the will or family. My mother used undue influence to get my brother (who lived with her) & I to sign Affidavits giving a false version of events & an Agreement Among Residuary Beneficiaries that renounced our share in the 1st will. The other beneficiaries of the original will contested it and settled. My brother is no longer a dependent & I now have the mental capacity & income to try to right this wrong. She died in 2005 & funds were disbursed in 2009. Do we have any options legally?

Attorney Answers 2


At this point in time, four years late, there is not much you can do. Although it is possible to re-open a closed probate you will have a difficult time finding an attorney willing to take the case. Even if you find one, it will be an expensive uphill battle if the court allows you to re-open the case. There is a very good chance you will be throwing good money after bad. If you win, how much money will you really get? If you lose, what you have is gone. I understand wanting to right a wrong but it may be time to let this one go.
If you really feel strongly about moving forward, start contact local attorneys to see if there is anyone interested in your case.
Good luck.

Answer does not constitute legal advice. Please call (727) 471-0039 or contact me at, if you would like to discuss your Florida legal matter further. This answer is provided for informational and/or educational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Adam is a Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts, Probate, Guardianship, and Business Law. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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I agree with my colleague. Once you get to a certain point, the milk is already spilled and there isn't much that can be done, especially if you already participated in the prior proceeding. You should talk to an attorney immediately if you believe that you have a case.

Don't take anything written here as legal advice.I am happy to offer my thoughts free of charge, and I would welcome the opportunity to speak with you about representing you. Please be aware, though, that at this point we have not established an attorney-client relationship. An attorney client relationship requires me to agree in writing to represent you. Unless that happens, you shouldn’t take anything I say to be legal advice or make any decisions based on it.

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