greyhoundlady
Junior Member
What is the name of your state (only U.S. law)? New Jersey
My husbands father died in February, we recently called the surrogate for his will and paid to get a copy, my husband was willed all tangible property of his dad, his older brother is the executor and trustee, I have a few questions:
1. On the will, which was "written" in March 2008 my husbands signature is in the section as a witness to the will but my husband was not present and did not sign this -is this considered forgery (I guess this is not the first time his brother has taken this liberty as my husband has a learning disability and can not read)? Also my husbands address was listed incorrectly as the same address as his brother, we have been married since 2007 and living together since 2005. This means all correspondence may be sent to the brothers house making it difficult for my husband to see any related mail. What can we do about this forgery, the will was notarized as well so does that make the notary guilty of a crime?
2. Should my husband have gotten notification of the will because he is a beneficiary?
3. Can the brother throw away or sell any of the fathers possessions?
Any help would be great as these two do not get along since we got married and he can not run my husbands life anymore. We have been threatened with physical harm and therefore had to take him to court to keep him away from us.
Anyone got any ideas on what we can do legally?
Thanks
My husbands father died in February, we recently called the surrogate for his will and paid to get a copy, my husband was willed all tangible property of his dad, his older brother is the executor and trustee, I have a few questions:
1. On the will, which was "written" in March 2008 my husbands signature is in the section as a witness to the will but my husband was not present and did not sign this -is this considered forgery (I guess this is not the first time his brother has taken this liberty as my husband has a learning disability and can not read)? Also my husbands address was listed incorrectly as the same address as his brother, we have been married since 2007 and living together since 2005. This means all correspondence may be sent to the brothers house making it difficult for my husband to see any related mail. What can we do about this forgery, the will was notarized as well so does that make the notary guilty of a crime?
2. Should my husband have gotten notification of the will because he is a beneficiary?
3. Can the brother throw away or sell any of the fathers possessions?
Any help would be great as these two do not get along since we got married and he can not run my husbands life anymore. We have been threatened with physical harm and therefore had to take him to court to keep him away from us.
Anyone got any ideas on what we can do legally?
Thanks