Legal Question in Wills and Trusts in Arizona
Fraud on Fathers Estate
Dear Sir/Madam:
Is it legal for a person to sell or refinance property which is not in thier name?
For background: a sibling has been living in said estate for a few yrs now and is planning on selling or refinancing the estate. Which also has never been put into his name and is still, to my knowledge, in my deceased fathers name.
FRAUD: I have also been told that this sibling has also committed fraud by having an ex-girlfriend sign documents stating that his ex-wife ''voluntarily'' gives up any rights to the estate of which she rightfully has a claim.
I know this may be complicated but how do I find a copy of my fathers last will without knowing the name of the attorney? This I also believe was hidden or destroyed by my brother as well.
If you can, please help.
1 Answer from Attorneys
Re: Fraud on Fathers Estate
No, it is not legal to sell or obtain a loan against property which you do not own/have title to. Likewise, it is forgery to sign someone else's name to any instrument for the purpose of defrauding someone else.
Wills are not registered or recorded, so it is difficult to find a will, and any will could have been changed at any time, so until a will is produced in court, it cannot be scrutinized. You should bring an action in probate court to have a judge look at what has been done, and/or you can file a criminal complaint with the police for the fraud or forgery that you think has occurred.
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