Why This Topic Matters to Me as a Florida Estate Planning Attorney
In the world of estate planning and probate litigation, few challenges are more frustrating—or more emotionally charged—than confronting suspicious transactions made by a loved one shortly before their death. These issues often arise outside of probate, creating confusion for families and difficulty for lawyers who must navigate overlapping legal domains.
This article is important because it draws attention to the practical tools available to challenge lifetime transfers, real estate deals, or financial arrangements that may have been influenced by undue pressure, incapacity, or outright fraud. For families in South Florida, these kinds of disputes are increasingly common, especially in multigenerational households or cases involving caregivers, second marriages, or late-stage illness.
Challenging Transactions Made by a Decedent in Florida: What You Need to Know
The Florida Bar Journal, Vol. 89, No. 4, April 2015, Pg. 8 | Florida Bar Article | Challenging Transactions of a Decedent
Serving Stuart, Port St. Lucie, and South Florida | Van Eden Law
It’s a common situation we see at our firm: A loved one passes away, and shortly after, family members discover a suspicious financial transaction, property transfer, or beneficiary change made just before death. If that transaction wasn’t handled through a will or trust, what are your options?
This issue—challenging a decedent’s lifetime transactions—is the focus of an insightful article by Florida attorney Larry Studer, published in the Florida Bar Journal. While many families believe these issues must be resolved in probate court, the reality is more complex. In many cases, legal remedies lie outside probate through civil litigation tools.
When Can You Challenge a Decedent’s Transaction?
You may have legal grounds to challenge a financial action taken by a decedent during their lifetime if:
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The decedent lacked mental capacity at the time of the transaction
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The transaction was the result of undue influence or coercion
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There are signs of fraud, forgery, or exploitation
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The transaction benefited one party unfairly (such as a caregiver, new spouse, or distant relative)
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The decedent was isolated or medically impaired when the deal occurred
These red flags often arise with:
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Last-minute real estate deeds
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Joint bank account modifications
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Large wire transfers or asset liquidations
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Changes to beneficiary designations
What Legal Tools Can Be Used?
Studer outlines several non-probate legal remedies available in Florida:
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Declaratory actions to establish property ownership or clarify rights
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Civil fraud claims for deceptive or forged transactions
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Constructive trust actions to recover wrongfully transferred assets
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Tortious interference with inheritance expectancy, in rare cases
These strategies require skilled civil litigation, and they often run parallel to or separate from formal probate proceedings.
Definition: What Is a Lifetime Transaction?
A lifetime transaction is a financial or property transfer made by a person during their life—not through a will or trust. When made close to death or under questionable circumstances, these transactions may be challenged in civil court.
Frequently Asked Questions (FAQ)
Q: Can I challenge a bank transfer made by my parent before death in Florida?
A: Yes, especially if there’s evidence of incapacity, undue influence, or lack of intent. These cases are often handled through civil litigation rather than probate.
Q: What if the decedent added someone to their deed just before dying?
A: You may be able to challenge that transfer based on mental capacity or improper pressure. Florida law allows for real estate disputes to be resolved in circuit court.
Q: Are these cases handled in probate court?
A: Not always. Many suspicious transactions are challenged in civil court using tort, contract, or property law.
Q: What evidence is needed to prove undue influence or incapacity?
A: Medical records, witness statements, expert testimony, and a clear timeline of events are crucial.
Q: What is tortious interference with an expectancy?
A: It’s a legal claim used when someone intentionally prevents you from receiving an inheritance, but it’s rarely used and hard to prove in Florida.
Why the Author’s Analysis Stands Out
Attorney Larry Studer brings decades of focused probate experience to this complex topic. As a sole practitioner in Orlando with a practice centered on wills, trusts, probate litigation, and real estate transactions, he offers practical insights into how these challenges unfold outside the formal probate system.
What makes his article stand out is the clarity with which he explains the overlap between probate and civil litigation, and the real-world tools that can be used to unwind fraudulent or improper transactions. Studer’s writing reminds us that estate-related legal disputes aren’t always confined to probate court—and that justice often requires a broader litigation strategy.
“We also thank the Florida Bar Journal and its editorial board for publishing timely, practitioner-focused content that helps protect Florida families.” MVE
