Legal Question in Wills and Trusts in Colorado
Fraudulent Will
My fiance's brother DJ, who was a Navy Seal in the Navy, recently died in Kabul overseas on one of his missions. He was married for two years and his first of kin is his wife. Before he died he had told his mother that in his will he would leave half of his possessions to his brother and the other half to his sister (my fiance). After his death the wife had told my fiance's family that she will let them see the will when the time is right. It took nearly three months before she sent my fiance's family the will. When we received the will we noticed many things that looked suspicious pointing towards a forged will. For example the signature doesn't even look anything close to the signature that DJ signed on his recent taxes that his mother just did for him. Also there is no mention of his sister and hardly anything of his brother in which he promissed he would include in the will. There are many other discrepencies that made us scratch our head. This raised a red flag. What are our options to investigate this further? Money/possesions are not an issue here but solely making sure this Will is indeed DJ's real last Will. Thank you for your help!!
-Alex
2 Answers from Attorneys
Re: Fraudulent Will
The best way to determine the validity of the will is to have it examined by a handwriting expert. If that examination shows that the signature on the will was forged, you should be able to contest the will. However, if there is no valid will, his wife would probably inherit his entire estate anyway under the laws of intestacy.
Re: Fraudulent Will
While you may have several options, the first should be to hire an attorney experienced with probate matters in your county. You should do this immediately so you can be advised about relevant time bars that may apply to any claims.
Delay in getting expert advice could prevent all or any of your claims from being heard in Court and may prevent you pursuing any claims.
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