Legal Question in Wills and Trusts in California
forged will and murder
I believe that my brother killed my mother. The day before she died, she defecated on herself. I cleaned what I could, fed her and brushed her dentures. I told her that my brother would have to take her to the tub for additional cleaning and she pleaded with me to NOT let him know. My brother LOCKED me out of the house. The priest and I managed to gain access. I noticed her air hose perfectly coiled on the floor when I found her dead in her bed the next day. Subsequently, I was send a REVISED Will that my brother is now the sole beneficiary & Executor of her estate. Her signature appears to be forged and witnessed by his two drug using sons. In 1989, my brother forged a $30,000 check and was convicted of the felony grand theft, forgery, flight to avoid prosecution, etc. His current wife was just convicted of writing BAD checks, they just filed BANKRUPTCY and refinanced their two houses.
2 Answers from Attorneys
Re: forged will and murder
Based on what you are describing, you need to speak to an attorney ASAP. First of all, the will sounds suspect, and definitely requires further attention. Second of all, if you have a strong reason for believing a crime was committed, I would encourage you to go to the police.
I am sorry for your loss and I know that this is not the time you want to be dealing with these situations. However, delaying this could prove to be a real problem in the future. I would contact an attorney local to you and have them review the will and your complete situation.
I would add that their is a statute in California that generally disallowes a murder to inherit from their victim.
Re: forged will and murder
The will is meaningless unless it is probated. You should file for letters of administration and gain control of the estate assets. Submit the previous will for probate. If your brother presents the "revised" will in probate, you can and should contest it. Also, you must tell the police of your suspicions and let them investigate it. I know this is hard, but do it anyway.
The attorney who assists you in probate will be paid from the estate assets.
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