Legal Question in Wills and Trusts in Texas
stepmother forged my fathers will
When my father died five years ago, he had no living will. In the state of Texas I am told that if there is no living will then everything is split 50/50. Meaning 50% to spouse and 50% divided between children. My stepmother then proceeded to draw up her own will and have my aunt forge my father's name and then go as far as having someone notarize this said will under the table. With this will, She received a life insurance policy of $120,000 and $25,000 of a 401k plan. I had two half siblings that were under the age of 18 at the time of my father's death living with her. They both received SSI payments of $900 each until the age of 18. They didn't receive any of the other money either. What should I do or what can I do in this situation. In advance, thank you for your time and consideration in this matter.
2 Answers from Attorneys
Re: stepmother forged my fathers will
Get yourself and the other heirs with such evidence as you may have to a lawyer right away.
http://www.reasonable-doubt.com
Re: stepmother forged my fathers will
Dear Law Guru Friend,
Your step mother did not forge you father's will, she forged your father's name on a fake will; therefore, this purported will is invalid. Since it has been probated, it is now up to the proper heirs to bring an action in a court of law to have this will declared invalid and attempt to gain possession of what may be left of your father's estate, as well as to recover from your mother what she wrongfully took from the proper heirs. Also, a hard decision will have to be made about pursuing criminal charges against your mother and/or anybody else who was a party to the forgery and fraud scheme. You refer to the will as a "living will", but my guess is that it is not a living will you are concerned with, just a will. If I remember correctly, I think the term is a will MORTIS CAUSA. Now, you need to get to a lawyer and get the proper heirs to the same lawyer and file a lawsuit to declare the forged will invalid, have the proper heirs recognized as such, and the set about to recover your father's estate. Best of luck!
Sincerely,
Hardy Parkerson, Att.
Lake Charles, LA
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