1995Editorial Writing

Taking Action

By: 
Jeffrey Good
September 11, 1994

What Officials Can Do

Problem: Broken promises of repayment.
Solution: A lawyer who steals from an estate is a white-collar grave robber. Any judge who gives an estate thief probation should include restitution as a vital component, setting a firm schedule of repayment instead of the ""suggested schedule'' now used by the Department of Corrections. Criminal justice officials should keep clever crooks from hiding assets, and throw those who don't pay into prison.

Problem: Florida Bar victim fund falls short.
Solution: When bad lawyers don't repay victims, good ones should help. Increase each lawyer's annual contribution to the Clients' Security Fund by $40. This modest increase would generate an extra $2-million -- enough to speed processing of victims' claims and replace more of the misappropriated money.

Problem: Estates without insurance policies.
Solution: Change state law to require a bond to cover all liquid assets in an estate, unless beneficiaries sign a document acknowledging that they are giving up an important protection.

What citizens can do

Demand that prosecutors notify you of trial and sentencing dates in cases where someone has robbed your inheritance. Also, don't be afraid to contact officials, including the judge, if restitution payments fall behind.

Think hard before waiving the bond when writing a will or collecting an inheritance. The bond need not cover the entire estate, just the amount that could be converted to cash.

Be aware that the Florida Bar Clients' Security Fund can repay at least some of the money stolen or misappropriated by a lawyer. For more information, write or call: Florida Bar Clients' Security Fund, 650 Apalachee Parkway, Tallahassee, FL 32399-2300; (904) 561-5812.

Carefully select a lawyer to handle a will-based estate or a living trust. For help in finding a lawyer, call the Florida Bar's referral line at 1-800-342-8011. Before hiring one, call the Bar's ethics office (Tampa 875-9821) to see if the lawyer has any history of misconduct.


This series is based on information gathered from court records, Florida Bar proceedings, and interviews with judges, lawyers and the citizens affected by their work. It was researched and written by editorial writer Jeffrey Good, who has worked for the Times since 1983 and written extensively about the probate court's impact on elderly Floridians.