Legal Question in Wills and Trusts in California
How do I get ORIGINAL WILL submitted?
Brother filed forged Will 250 days after mom�s her death naming himself as the sole recipient of her estate. Judge threatened to make a decision if we did not agree to mediate. Under duress, I agreed. About 3 months after taking occupancy of the house, I found the ORIGINAL WILL. It designated me as Executor and divided the estate equally amongst the three siblings. Brother has felony conviction of forgery-embezzlement for $30,000, DUI conviction, filed bankruptcy for $550K, owes mom $17K when she died on her credit card.
2 Answers from Attorneys
Re: How do I get ORIGINAL WILL submitted?
Depending on the amount of money involved in the matter you may want to file both a will contest to contest the forged will and a petition to probate the original will.
This is something that you can do on your own but I wouldn't advise it. You should contact a local attorney to discuss your options, fees, etc.
Let me know if you want to discuss.
Caleb
Re: How do I get ORIGINAL WILL submitted?
You need to produce the original will to the Probate Court. This may be a bit difficult in light of the Judge's prior ruling, but not impossible. I HIGHLY recommend that you retain counsel to assist you with this one; Probate is not an easy area of law for someone who is not versed in it's methods.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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