Challenging a Fraudulent Will: Steps To Take
Challenging a Will is never an easy decision. The process can be long and complicated, but sometimes, it’s the only way to honor a loved one’s true wishes. If you suspect Will fraud, acting quickly and seeking expert legal guidance is imperative. An experienced probate attorney can help you assess the strength of your case, guide you through each step, and advocate for justice. Here are the steps to take if you believe a Will is invalid.
- Know the Indicators of Will Fraud
Identifying the signs of Will fraud is the first step. Some of the most common red flags of an illegitimate Will include:
- No access to the original Will: If you’re denied access to the original Will or it’s mysteriously destroyed, that should alert you that something is amiss. You should seek legal advice immediately.
- Suspicious signatures: If the signature on the Will isn’t the testator’s or wasn’t signed in the presence of a witness, the document could be invalid. This is because witnesses help confirm authenticity and prevent forgery.
- Undue influence: If the deceased was pressured into signing the Will, especially if they were elderly or vulnerable, this could be undue influence.
- Caregiver involvement: If the caregiver receives a disproportionate share of the estate, it could suggest foul play, especially if it deviates from previous Wills.
- Late changes: If the Will was altered when the deceased was in the hospital or in poor health without legal oversight, it could be fraudulent.
- Consult With an Attorney
Challenging a fraudulent Will can be complex, and working with an experienced probate attorney is crucial. An attorney can evaluate the strength of your case, help gather the necessary evidence, and represent you in court. Since California law places a high burden of proof on the person challenging the Will, having skilled legal guidance is essential to build and prove your case in court.
- Consider Mediation Before Going to Court
Before heading to court, consider mediation. Mediation is a less confrontational and less expensive approach to resolving disputes and keeping your family matters private. However, having your lawyer present or guide you appropriately during mediation is advisable to protect your rights.
- File a Contest in Probate Court
If mediation fails, you may need to file a contest in the probate court where the Will was admitted. This way, you can challenge the Will’s validity and ask the court to declare it invalid. You’ll need compelling evidence like handwriting analysis and witness testimony to succeed. Your attorney can work with a handwriting expert to compare the Will’s signature to verified samples of the testator’s handwriting. If they conclude the signature is forged, their testimony can be used as key evidence in court.
Legal Standards for Proving Forgery in California
California courts consider several factors when evaluating forgery claims:
- Signature Consistency: Does the signature match the testator’s usual handwriting?
- Witness Confirmation: Can witnesses verify the signature’s authenticity?
- Evidence of Coercion: Is there any indication the testator was pressured into signing?
If the court determines the Will was forged, it will be declared invalid. From there, the estate will be distributed according to a prior valid Will, or if none exists, under California’s intestate succession laws.
Contact a California Probate Lawyer Today
If you believe a loved one’s Will isn’t legitimate, contact the dedicated California probate attorney Robert L. Cohen – The Probate Guy – today to schedule a telephone consultation.
Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier
