Legal Question in Wills and Trusts in New York
Forged signatures on deeds
1971 my grandmother died leaving her estate a 2 family home in her four childrens names. Two children lived in the house for the next 33 years with the trust and faith of the other two children that the house would be sold and the property split 4 ways. One of the children, that didn't live in this house, died in 1976 leaving a daughter. This year another died, leaving a wife. This sibling left a hand written letter about what should be done with the property, to be sold and split 4 ways as was agreed years back. We got copies of the deeds and found home had been signed over to the siblings that occupied the home from the two, one living and one deceased, it became effident that these documents were forged, that though they appear to have been signed, one living sibling, never signed them and didn't know about the transfer. Ownership wasn't transfered until after one sibling passed away. To make long story short all was done behind the 2 siblings back that didn't occupy the house. There're are 2 living siblings left, my father and the Uncle, who lives there and has done this. He won't talk about this with us. I would like see justice for my father, and the 2 families that are owed their part.
3 Answers from Attorneys
Re: Forged signatures on deeds
You don't say whether or not the "Deed" was recorded.
If it was immediate steps should be taken to establish the forgery and cancel the effect of a that Deed.
This can be started by one or two of the siblings (or their heirs) commencing a court proceeding called a Partition Action. If successful, the house will be sold and the proceeds properly distributed.
Re: Forged signatures on deeds
I agree with Norman, but also caution you that with the passage of time (the longer it took to discover, the more you might have to overcome in a law suit to get a favorable ruling) the harder the case is. You may also need a handwriting expert to verify the signatures were forged. This could require trying to get handwritten papers of the deceased disbling, which may be difficult after all this time. Of course, if the fraudulent Deed was not recorded, the suit will be easier.
Re: Forged signatures on deeds
You should contact a title company to determine whether your uncle recorded the forged deed. If not, then you can proceed with the existing deed (which should reflect the four owners). Depending on the dates of the forged deed and the date of your relatives' deaths, you may also need to administer the estates to properly transfer title through your family members (though hopefully, this won't be necessary).
If your Uncle recorded the forged deed, then you should commence an action ASAP to challenge the valilidity of that deed.
Feel free to contact my office with any additional questions. Good luck.
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