A valid deed safeguards your legacy; don’t let fraud undermine it.
-Ernesto Martinez

Fraudulent deeds are a growing concern in Miami real estate. These cases occur when someone forges a deceased person’s signature to transfer property illegally. Without proper estate planning and legal action, families can lose their rightful inheritance. Understanding how to handle these situations is essential for protecting your property.

Fraudulent deeds often come to light during property sales. Title companies may discover discrepancies, such as a deed signed after the owner’s death. Florida law requires a property owner to sign a deed in the presence of two witnesses. Under Florida Statutes § 689.01, this process ensures the deed’s validity.

If fraud is suspected, immediate legal action is critical. The first step is to consult an attorney who specializes in probate and real estate law. They can file a court petition to invalidate the fraudulent deed. This process often involves proving the forgery and providing evidence, such as death certificates or expert handwriting analysis.

In many cases, fraudulent deeds arise due to incomplete estate planning. When a property owner dies without a will or trust, their property must go through probate. Title companies require an “Order Determining Homestead” or a court order authorizing the sale or transfer of property. These documents, governed by Florida Statutes § 732.401, help prevent fraud and ensure rightful ownership.

Families often believe that providing a simple letter from an attorney can resolve these disputes. However, institutions like banks and title companies require formal court orders, such as Letters of Administration, to establish legal authority. Florida Statutes § 733.301 outlines the process of appointing a personal representative to manage the estate.

Proper estate planning is the best way to prevent fraudulent deeds. Creating a will or trust ensures a clear line of succession. Including safeguards like payable-on-death accounts or transfer-on-death designations can bypass probate entirely. These measures reduce the risk of fraud and simplify asset distribution.

As Mahatma Gandhi once said, “Truth never damages a cause that is just.” Fighting fraudulent deeds is about seeking justice and protecting what’s rightfully yours. With the help of an experienced attorney, families can challenge fraud and secure their property.

The takeaway is clear: fraudulent deeds are preventable with proper planning and resolvable with the right legal action. Working with an attorney ensures your estate is protected and that any fraud is addressed swiftly and effectively.

If you suspect fraud or need assistance with estate planning, we’re here to help. At Probate Counsel, Ernesto Martinez Jr. has over 32 years of experience in probate and real estate law. Call us today at 305-446-0702 for a consultation. Protect your property and secure your family’s future with expert legal guidance.