Legal Question in Wills and Trusts in California
Out of Curiosity
Question. My grandmother passed away March 5, 2004 leaving behind a will that was found by my father.He tells me that the will was not signed by my grandmother so he said that he needed to get it forged so that the property and funds will not be in the states hands.My grandmother owned adouble-wide mobile home valued at 70,000k plus a large checking account.My dad owes child support towards me for over 15 years, and nothing.I just backed away because that against the law for forgery.Ireally could use some help over this situation. [email protected]
1 Answer from Attorneys
Re: Out of Curiosity
Obviously, you don't want to get involved in a forgery. But you're father's wrong about your grandmother's property going to the state if she doesn't have a will ... it would go to her nearest surviving relatives (your father and any of his siblings or children of deceased siblings).
If your father owes back child support, you could probably impose what's called a "constructive trust" against anything he receives from your grandmother's estate.
I suggest that YOU initiate a probate proceeding in the county where your grandmother lived. You would need to pay the filing fee (which is based on the size of the estate - the fee would most likely be $320 or less).
I would be pleased to assist.
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