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Is Will invalid?

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peachy3425

Junior Member
Suffolk County, Long Island-New York

My Mom's lawyer who prepared her Will forged witnesses signatures on it without her knowledge. Lawyer will not give her original and never filed it! Alledged witnesses said they never signed in front of my mom.
Mom is involved in a lawsuit with this lawyer and the lawyer has most recently put my mom's Will into evidence. Judge said it was un ethical and lawyer no it is not.
What do we do next?, lawyers I've talked to, just don't know.
 


anteater

Senior Member
Regarding witnesses, the New York requirements are:

§ 3-2.1 Execution and attestation of wills; formal requirements
.....

(2) The signature of the testator shall be affixed to the will in the
presence of each of the attesting witnesses, or shall be acknowledged by
the testator to each of them to have been affixed by him or by his
direction. The testator may either sign in the presence of, or
acknowledge his signature to each attesting witness separately.
(3) The testator shall, at some time during the ceremony or ceremonies
of execution and attestation, declare to each of the attesting witnesses
that the instrument to which his signature has been affixed is his will.
(4) There shall be at least two attesting witnesses, who shall, within
one thirty day period, both attest the testator's signature, as affixed
or acknowledged in their presence, and at the request of the testator,
sign their names and affix their residence addresses at the end of the
will. There shall be a rebuttable presumption that the thirty day
requirement of the preceding sentence has been fulfilled. The failure
of a witness to affix his address shall not affect the validity of the
will.
(b) The procedure for the execution and attestation of wills need not
be followed in the precise order set forth in paragraph (a) so long as
all the requisite formalities are observed during a period of time in
which, satisfactorily to the surrogate, the ceremony or ceremonies of
execution and attestation continue.
 

peachy3425

Junior Member
Will fraud...

Thank you anteater for the law...this is helpful information, but do you know if the lawyer is allowed to place my Mom's Will into evidence?:confused:, being that it is a private document...she does not have my Mom's permission to do this.
 

Dandy Don

Senior Member
Of course it should be placed into evidence. How else can it be proven by comparison that the signatures were forged?
 

peachy3425

Junior Member
I never thought of it like that...So actually since we have proof from the witnesses that they did not sign my Mom's Will, the rope the Judge has given the lawyer to hang herself is getting shorter! Lawyer does not know we haved taped documentation from the witesses.
Here I was upset that my Mom's private Will was being used.

P.S. Lawyer who forged Mom's Will also notorized it, I know that is a bad.
 

peachy3425

Junior Member
lawyer(MM), was my former matrimonial lawyer in 2004, I fired her in october 2005, divorce forced me to filed chapter 7 october 14, 2005. I was discharged in april 2006. I did not owe any $$ to MM, and I have proven that, MM never offered me arbitration even though i asked for it in 2005.
January 2007, MM sent my Mom a nasty letter saying " you signed a guarantee for all your daughters bills and you owe me @$9,000.00 and I am going to sue you." Mom was then served. To our surprise MM filed with the court her summons &complaint with a bogus guarantee with my mom's signature, which we later, much later found out MM lifted from the exact signature from my Mom's Will, which MM prepared.
My mom came with me for my very first visit with MM, November 30, 2004 for support, being that my ex-husband cleaned out my banking accounts, I was almost 40years old and had not a $1.00 to my name. My Mom gave MM a check on my behalf and signed her check. When Mom realized during the meeting that she did Wills, MM had my Mom sign a "back " page, and MM said she would take of the rest, which we later found out that the witnesses, who never witnessed the Will in front of my Mom.
My Mom had been defending herself in Court ever since to the fact that she never signed the guarantee or any guarantee for my Bills and does not owe any $ to MM. It has been a nightmare.
 

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