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bpass · Aug 10, 2009, 08:54 AM

My father in law recently passed away, and he had always told my husband and his brother what he intended to go to them after his death. Well my mother in law is an extremely greedy person and she changed her husband's will so that she would get everything and the sons nothing. She has not yet submitted this fake will into probate but we have already had a handwriting expert examine a copy of this fake will and she has concluded it was forged and there was also difference in typeing (2 different typewriters were used to type up this will) can we force this into probate?. so she would have to submit this forged will, or come up with the real will? Also he had money in a cd account at the bank that for the last 20 years had been in his name only (that he intended to go to his sons) we just found out somehow (probably forgery) she got it changed into a joint account with her getting full survivorship, he had been in bad health and didn't even get out of the house the last few years of his life, so we feel she may have someone at the bank (a friend of hers) help her get this account changed to jointly. She has now went to the bank and withdrawn all of this money from the cd and has hid it somewhere! How can we get a hold of these bank records to have them examined for forgery? Besides the probate court, can we file a civil suit against her? We are still in the process of finding an attourney(not many are interested in contesting a will) so any advice would be greatly appreciated.

AK lawyer · Aug 10, 2009, 09:32 AM

Originally Posted by bpass

... can we force this into probate?..so she would have to submit this forged will, or come up with the real will?

She cannot get anything under the will unless it is submitted to probate. Once she has done that you can file to contest the will.

What kind of property did he leave which passes under the will?

Alternatively, you can file a petition to be appointed personal representative (executor) alleging that you are unaware of any valid will.

Originally Posted by bpass

Besides the probate court, can we file a civil suit against her? We are still in the process of finding an attourney(not many are interested in contesting a will) so any advice would be greatly appreciated.

If you file to be appointed PR, you could then sue her to contest the validity of the joint ownership of the CD. Then you could engage in discovery to, among other things, examine the bank records.

It's possible that the bank documents he signed were done by him at home, so the fact that he wasn't able to get out much doesn't mean much, in my opinion.

bpass · Aug 10, 2009, 10:16 AM

As to the property that was left that will need to go through probate are farm land and oil minerals. (this is in oklshoma)

AK lawyer · Aug 10, 2009, 10:44 AM

Originally Posted by bpass

as to the property that was left that will need to go thru probate are farm land and oil minerals. (this is in oklshoma)

OK. In other words, she will have to do something.

twinkiedooter · Aug 10, 2009, 01:09 PM

Once you are notified that her fraudulent will has been sent to the court for probate, then you can get an attorney involved. If the amount of assets to be probated are sizeable, I have no idea why a good estate attorney would not be interested in fighting for your rights. Also in some states the widow can only get so much percentage of the estate, and the children get so much percentage.