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bradp · Nov 24, 2010, 06:23 AM

My wife's father died earlier this year and we believed the will that was created for him was done so without his knowledge. The executor of the estate is his exwife and believe she forged his signature. How can we go about getting something with his signature? It would be nice if we could get something he signed back when they show this phony will was written. We are in different states and not close to that side of the family.

AK lawyer · Nov 24, 2010, 06:41 AM

Contest the will and engage in discovery, asking for signature exemplars. You are going to need an attorney here (in the state where your father-in-law resided), and probably a handwriting expert as well, for any real hope of success.

bradp · Nov 24, 2010, 06:43 AM

The will is being probated in another state. Do I get a lawyer in the state I live in or do I need a to get a lawyer in the state of the probate court?

AK lawyer · Nov 24, 2010, 06:46 AM

Originally Posted by bradp

The will is being probated in another state. Do I get a lawyer in the state I live in or do I need a to get a lawyer in the state of the probate court?

As I added to my above post, where the will is being probated.

Please don't use "comment" for follow-up questions.

bradp · Nov 24, 2010, 08:29 AM

Sorry this is my first time on this site. Any recommendations on finding a good lawyer in that state? I would hate to spend a lot of money on this just to be turned down. One of the witnesses on the will is a local lawyer of that state.

AK lawyer · Nov 24, 2010, 08:41 AM

Originally Posted by bradp

Sorry this is my first time on this site. Any recommendations on finding a good lawyer in that state? I would hate to spend a lot of money on this just to be turned down. One of the witnesses on the will is a local lawyer of that state.

What evidence do you have that the signature is a forgery?

You didn't indicate what state it is, but in general it's quite easy, in this day-and-age, to find attorney contacts online. What I would do is goggle "attorney [city] [state]" and see what you get. I checked my hometown and found that most of the entries I get seem to be paid adds. So, better yet, check with the bar association for that state. Many have listings of their members.

You should be able to find one who will give you an initial consultation without charge. Speak to several. If (s)he believes you have a good case, and you have a good feeling about that attorney, then go for it.

bradp · Nov 24, 2010, 08:52 AM

If you look at the ex-wife signature and the "dead" fathers signature they are almost identical. Some of the letters are the same. Also we have had others look at the will that knew then "dead" father and they have said its not his signature.

bradp · Nov 24, 2010, 11:44 AM

If we hire an lawyer in the state of probate would they be able to find out all assets in the estate? We do not trust the executor to give us the correct info since she is the ex wife and listed as a person to receive most or half of the assets in the will.