Legal Question in Wills and Trusts in California

probate will

can the son of the decedent act on behalf of his mother even though he forged the will before the court according to forensic?


Asked on 10/31/07, 7:28 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: probate will

You have to remember that it must be proven to the Court that it was a forgery, not just convince you. Also, you do not tell us if it is the mother who died or the father, if the son is the representative of the estate or a conservator for the mother, etc. In any case, since it may take up to 2 months or more to get a hearing date, you need to act quickly. If there is a substantial amount of money involved, you probably should hire an attorney to see if he/she can try to get an exparte order to preserve the liquid assets of the estate from the son, etc. Also, the attorney can be calm and tell you if you really can show a forgery.

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Answered on 11/02/07, 10:41 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: probate will

I am assuming you are asking about a probate?

If the son is acting on behalf of his mother's estate pursuant to a court order, or even in her behalf if this involves a conservatorship, according to a court order, the answer is yes. If someone interested in the estate wants to challenge the son, they have to do it in court and convince the judge to change his order.

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Answered on 10/31/07, 9:06 pm


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