Legal Question in Wills and Trusts in California
Stepparent committed fraud and forged signature of desist mother
My mother's husband forged my mothers signature on all her legal documents when she was in the hospital and under heavy medication. He changed her will, leaving him everything. She has three children by my father, I know that my mother had insurance policies in which we were the beneficiaries. I believe he is going to liquidate all the assets, which are considerable and flee. I would like to know if I can lien the home and pursue him legally, with fraud and intent to steel. My mother died on March 19th 2004, after being in ICCU for 6 months. I believe he started steeling from her in January 2003 and continued through her long illness. He is a slim and I wish to know what if any recourse or action I can take. Thank you.
4 Answers from Attorneys
Re: Stepparent committed fraud and forged signature of desist mother
As soon as possible, find an attorney who specializes in probate litigation located near where your late mother lived. There may be some things you can do, such as placing a lis pendens on the house, but you must act quickly.
Good luck.
Re: Stepparent committed fraud and forged signature of desist mother
You will need to take legal action if you believe that the will has been forged. It could be that it is totally invalid if it was not signed by two witnesses.
Bottom line is that you and your family need an attorney to fight this for you.
Re: Stepparent committed fraud and forged signature of desist mother
You should be sitting in front of a probate specialist right now. Not in front of your computer waiting for free legal advice. First of all you've given the age of your mother there could be a situation of elder abuse. Additionally depending upon the facts in what you can actually proven record of law that could be fraud in undue duress applicable to his actions regarding your mother's property. That is property both real and personal and includes Oliver Cash and bank accounts. You must immediately get yourself to attorney who knows what they're doing in this area. You're waiting may have already cause you irreparable damage. If your brothers and/or sisters are located geographically nearby you all may wish to attend the same meeting as whenever the lawyer in two-for-one annuity probably will be doing on behalf of all of you. Your immediate attention to all these issues is absolutely necessary or you can kiss everything good by. I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.
Re: Stepparent committed fraud and forged signature of desist mother
I have read the comments of the attorneys before me and I agree with their assessment. Namely, you may have claims for fraud, duress, undue influence, and elder abuse. As these attorneys also state, you need to retain knowledgeable legal counsel in you area as soon as possible.
If you desire further information, please do not hesitate to contact me in San Jose, telephone number (408) 268-2580.
Sincerely,
Kai H. Wessels, Esq.
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