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My dad's brother forged his will!

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mrsmegawatt

Junior Member
What is the name of your state?What is the name of your state? California

My father died in the late 1990's. At the time, he died without a will. He died in Illinois. He owned property in Illinois and California. The property in California was owned with his brother and another with his brother and sister. My father also had 2 other children that he never knew. Since he died without a will, his siblings were afraid that those 2 children would lay claim to my father's property and they did not want to share. His brother went to his attorney and CPA and they concocted a phony will. His signature was forged and it was signed by a witness who lied. The fake will was filed leaving all real property to his siblings, a token amount to both the children he did not know. Also, it stated that should there be anything left, my sibling and I (my father was involved in our lives) would split what remained. This amounted to around $10,000 each. My sister and I said nothing. We were stunned but said nothing because we knew they could be in legal trouble. We no longer speak to my father's siblings. Recently my father's parents died. Both within the same year. My father was listed in their will to inherit their house along with his siblings. I am thinking this was done by living will or trust because my father's brother told me that he was fixing it so that there would be no property taxes. My father's parents were our legal guardians as they adopted us when we were young. What happens to my father's share of his parents' property? I know we sound stupid but we grew up in a culture where we had little status. So my father's siblings have all the property but absolutely no relationship with us. Please, would someone comment. It would be greatly appreciated.
 


S

seniorjudge

Guest
"...What happens to my father's share of his parents' property?...'

What does the will say about this?

Even if there is no will, you may still be entitled to something.

Hire a lawyer in Illinois to look into this.
 

Dandy Don

Senior Member
If the phrase "per stirpes" is used in the will, then there is a stronger chance that your dad's share will transfer to the children. Even if it isn't used specifically, your attorney can advise you as to whether that will occur or not by your state law. Another factor is whether the house is mentioned in the will or in the trust and exactly who is named as beneficiary in each.

Get a copy of the will from the county courthouse to see exactly what it says and to take to your attorney.

You made a big mistake by not challenging/contesting the fake will--by not doing so, you allowed these siblings to get away with theft!! You also need to be discussing this matter with your attorney to find out whether a statute of limitations has passed on this or not.
 

mrsmegawatt

Junior Member
Thanks...I know, we were stupid. And we still are. They know we'd never challenge it as it is not within our culture to challenge our elders. When you're fed a spoonful of guilt each day of your life, you're bloated in it. :( :(
 

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