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By: Scott Grossman on June 18th, 2018

I suspect Forgery of a Will. What can I do?

Forgery of a will or trust in California can result in the rightful beneficiaries of a person’s estate not receiving the property that they are intended to receive. Forgery of a will occurs when someone writes or alters a will without the permission or knowledge of the declarant and with the intent of committing fraud.

If you suspect Forgery of  a Will, take the following actions to protect your legal rights:

  • First of all, contact an experienced probate litigation lawyer for guidance. The laws surrounding the forgery of a will are not always clear. Fortunately, an experienced professional can help.
  • Also, obtain copies of the allegedly forged will and all supporting documentation.
  • Furthermore, obtain copies of any prior, legitimate wills that you are aware of. These prior wills may become the current will if the forged will is found invalid. They may also serve as evidence of the creator’s intent.
  • Additionally, consider hiring a handwriting or ink-dating specialist to analyze the will.
  • Furthermore, determine whether the alleged forged will has been submitted for probate.

Alleging forgery of a will relating to a California will or trust is a complex procedure. An experienced probate attorney can guide you through the process.

  • Probate (noun): The process of proving in court that the will of a person who has died is valid. It involves proving before a competent judicial authority that a document offered for official recognition and registration as the last will and testament of a deceased person is genuine. Not all wills must go through this in California. See our infographic to help you determine if your loved one’s estate must go through probate.
  • Estate (noun): An estate includes the things that a person owns. The things left by someone who has died can be distributed based on a Will, Trust, or Intestate laws. Estates have to be administered in the Probate Court if the estate meets certain criteria. See our Infographic on The Probate Process.

 

If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.