Legal Question in Civil Litigation in California
My mother left trust , and i just receive a copy it,upon close inspection i noticed the signature with prior documents from her, does not match, which evidently there have been a forgery done with her signature, since she left all her possesion to a next door kneighbor, this took place in the state fo california, L.A. even thou i live outside of the country, on account im a retiree, and i could not live on my SS pension. i visited her this past august, and on her condition she was constantly under sedatives, and whwn i left she was in no condition mentally to be aware of what she was signing, therefore i ffeel altogether there is some wrondoing by to whom the trust was left.
2 Answers from Attorneys
Was it a Will or a Trust? Has anyone filed it with the Court ? If she was not mentally competent at the time she could not sign the document and it is not valid; the same is true if it is a forged signature. You will need to get an attorney to represent you as you can not do this somewhat complicated case from outside the country.
If you wish, you can contact me at 510-441-2684 to further discuss the matter; there would be no charge for an additional 10-15 minute conversation.
Any claims of fraud in wills or trusts would be handled by the Probate Court. As a starting point, you should promptly file an action for Conservatorship or Guardianship, and seek a court order restoring property and assets fraudulently conveyed or converted. If she has/had sufficient property and assets, the attorney you need to hire could be paid from that source. Alternatively, if you and she have limited assets and income, and can't hire private counsel to do this, you should contact the Public Guardian's office local to her, and request investigation and for them to take charge of her. Feel free to contact me for the help you'll need.
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