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cpete1127 · Sep 2, 2011, 10:22 PM

My husband passed away on July 27 2011. My eldest daughter who is attorney, age 31 is using this will to get guardianship of my minor daughter. The will was written when my husband was on life support, He could not read or write. His signature in two places is forged. My eldest had his signature notarized by a friend of hers.

I do not have the original will but this will has not been filed. She has already managed to get proceeds from one insurance policy using this will as evidence that she should. I could not exercise my rights as the surviving spouse since she is claiming this as my late husband's will. It is a fake. What can I do? And with the insurance Co. How can I become the administrator of the estate?

Wondergirl · Sep 2, 2011, 10:26 PM

Have you consulted a lawyer?

joypulv · Sep 3, 2011, 02:59 AM

Who does have the will you know about; do you know what lawyer he used for it?

ScottGem · Sep 3, 2011, 04:14 AM

First, an insurance policy is paid to the listed beneficiary on the policy. Unless that beneficiary is deceased. So I don't see how she can use an unprobated will to get the proceeds of an insurance policy.

Second, if you have no other will, then you need file in probate court to be declared executor of the estate. If she challenges that with her will then the probate court will investigate.

Third, guardianship of a minor child cannot be legally left in a will. Preferences can be made, but unless you can be proven unfit, your daughter is still your child.

So a lot about this doesn't sound right. You really need to get an attorney to help you.

twinkiedooter · Sep 3, 2011, 03:28 PM

So tell us what's really going on here as Scott has pointed out some pretty big holes in your story?

Fr_Chuck · Sep 3, 2011, 03:40 PM

A will can not give custody of any child, it can only give desires as to what they want to happen. Children are not property to be "given in a will"
There is nothing a will can do, to change custody of the child.

A life insurance policy only pays to the person listed, if it does not have a person listed to receive it will pay to the "estate"

So as the widow have you opened a probate on it. And filed the proper will yet ? That is what you do,