In the worst cases, they can appoint investigators and throw errant administrators off the case or into jail. Used judiciously, these powers allow judges to ferret out wrongdoers and strike fear in potential villains. Yet, some judges seem ridiculously reluctant to use them. In the Thomas estate, court officials issued warning after warning to attorney Sill, but didn't back them up until it was too late. In the Fiala estate, the judge seemed more interested in making excuses for attorney Gilmore than in investigating legitimate questions about his work.
Probate is a cozy club.
The same judges see the same lawyers every day inside the courtroom, and often outside. When the lawyers say something is so, the judges tend to believe them. Diane Fiala was like many beneficiaries of Florida estates. She lived a thousand miles away, didn't understand Florida law and could only communicate with the court by letters, phone or an occasional visit. Gilmore says Fiala has no right to complain now, because she didn't protest the stamp sale when it was done.