Legal Question in Wills and Trusts in California

How do I get ORIGINAL WILL submitted?

Brother filed forged Will 250 days after mom�s her death naming himself as the sole recipient of her estate. Judge threatened to make a decision if we did not agree to mediate. Under duress, I agreed. About 3 months after taking occupancy of the house, I found the ORIGINAL WILL. It designated me as Executor and divided the estate equally amongst the three siblings. Brother has felony conviction of forgery-embezzlement for $30,000, DUI conviction, filed bankruptcy for $550K, owes mom $17K when she died on her credit card.


Asked on 6/17/09, 5:32 pm

2 Answers from Attorneys

Re: How do I get ORIGINAL WILL submitted?

Depending on the amount of money involved in the matter you may want to file both a will contest to contest the forged will and a petition to probate the original will.

This is something that you can do on your own but I wouldn't advise it. You should contact a local attorney to discuss your options, fees, etc.

Let me know if you want to discuss.

Caleb

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Answered on 6/17/09, 5:57 pm
Scott Linden Scott H. Linden, Esq.

Re: How do I get ORIGINAL WILL submitted?

You need to produce the original will to the Probate Court. This may be a bit difficult in light of the Judge's prior ruling, but not impossible. I HIGHLY recommend that you retain counsel to assist you with this one; Probate is not an easy area of law for someone who is not versed in it's methods.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

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Answered on 6/17/09, 6:05 pm


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