Legal Question in Wills and Trusts in New York

I signed a document with my moms name when she was alive because she told me to go a head and do it and now she is dead and my sibings want to bring me up on forgery charges will it stand up in court being my mom is dead?


Asked on 7/30/10, 10:02 am

1 Answer from Attorneys

Paula McGill Paula McGill Attorney at Law

If you cannot prove that she gave you authorization to sign your name, there may be problems in probate court. Will criminal charges be sustained? Unlike civil court, the DA has to prove beyond a reasonable doubt that you did not have authority to sign the documents. The DA may not even bother. There are more important crimes in New York. You should consult with an attorney in your county.

This could have been avoided if, your mother should have signed the document herself, or she should have given you a limited power of attorney. In the alternative, you should have signed your mother's name/with express written consent to YOUR NAME.

ALSO LICENSED AND PRACTICING IN NEW YORK (LONG ISLAND)

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Answered on 8/04/10, 2:39 pm


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