Forged will

[sapphireturtle]

What is the name of your state (only U.S. law)?

Texas


Is there a statute of limitations on forgery of a will?
I have reason to believe that my father's will was forged. I took it to my police department but was told there was nothing they could do and that I needed to contact the police dept where my father lived. I did that and was told by a detective that I had to hire a handwriting analyst, out of my pocket, to have the signatures compared and until then, there was nothing they could do. I contacted a handwriting expert and was told the charges would be upwards of $1000. No way could I afford that. My boyfriend is a detective with a police department and I had him take a look at my father's signature and the signature on the will. He almost immediately said that it was NOT the same.
Oh...and my father passed away back in '05.

Is there anything I can do?

 

[seniorjudge]

Was the will probated?

Where? (Just the state.)

Who was the personal representative/executor/administrator/whatever you call it in that state?

Why do you think it was forged?

 

[Proserpina]

And is your boyfriend a professional handwriting analyst?

What are his credentials?

(Hint: My Dear Other Half's signature changes by the day. To a layperson it may appear that it's two - or even more - people signing his name....)

In all honesty you're looking at a cost upwards of $2500 or so.

Expect that to rise rapidly if you expect the analyst to testify in person...

 

[seniorjudge]

Good post, Pro...

 

[Dandy Don]

Answer the question as to why you waited so long to look into this officially (why, oh why, did you not consult with a probate attorney to evaulate your options?). And check with the county courthouse to determine whether or not the will was actually probated.

 

[sapphireturtle]

Was the will probated?

No the will was NOT probated.

Where? (Just the state.)

Texas

Who was the personal representative/executor/administrator/whatever you call it in that state?


The executor was his sister.


Why do you think it was forged?

I believe it was forged because:
1) My father had always talked about leaving all of his John Wayne movies to my youngest son and none of my kids were even mentioned in the will.
2) I was not named as next of kin.
3) His signature was way different on the will than any signature I had ever seen of his. "His" signature looks remarkably like one of the witnesses signatures.
4) His sister hated me for whatever reason and didn't want me to have anything of my father's.

 

[sapphireturtle]

And is your boyfriend a professional handwriting analyst?

He is not certified as a handwriting analyst but has taken classes on it.

What are his credentials?

He is a detective with 25+ years of law enforcement experience.

 

[sapphireturtle]

Answer the question as to why you waited so long to look into this officially (why, oh why, did you not consult with a probate attorney to evaulate your options?). And check with the county courthouse to determine whether or not the will was actually probated.



I did answer that question in my original post. I did seek help and was told by the first department that I had to go where my father lived. When I went to that department, I was told that I had to hire my own handwriting expert, which I could not afford and still cannot afford. I have checked with the county courthouse and the will was NOT probated.

 

[seniorjudge]

...I have checked with the county courthouse and the will was NOT probated...

If the will is a forgery and it was not probated, then who was harmed?

Was another will probated?

Was the estate probated under intestate succession (i.e., no will, all the stuff went wherever state law says it goes)?

 

[sapphireturtle]

If the will is a forgery and it was not probated, then who was harmed?

Was another will probated?

Was the estate probated under intestate succession (i.e., no will, all the stuff went wherever state law says it goes)?

I wouldn't go as far as saying anyone was "harmed" but I lost out on anything that my dad had. I didn't even get the flag from his coffin (he was Air Force). As far as I know, there was NOT another will probated anywhere but with my evil aunt there's no telling. According to his will, everything was left to his mother and when she died a couple years later, I never saw her will...which is another issue altogether because I specifically was supposed to get something of hers and I have yet to get it.

 

[seniorjudge]

You (to the judge): "My dad's will was forged!"

Judge (to you): "And what happened because of that forgery?"

You: "Nothing because it wasn't probated."

Judge: "You lose."

 

[tranquility]

This is clearly an issue of great complexity which requires an attorney. If you cannot get one, move on.

The only thing which is an "issue" is:

3) His signature was way different on the will than any signature I had ever seen of his. "His" signature looks remarkably like one of the witnesses signatures.

Hard times. Sorry for such cleverness against you. But, what shall the court decide?

That's why you need an attorney.