If you suspect your loved one’s will, trust or other estate planning document has been forged, it is important to seek our help. In most cases, you must act quickly in alleging the forgery and challenging the document. We can help you with proving that the estate planning document is a fake as well as taking timely action to challenge it in court. Below are a few tips on how to identify a forgery:

  • Trust your instinct. If something feels “off” about the signature, it is worth digging deeper.
  • Compare signatures. Compare the signature with one you know is the true and correct signature. Is it slanted the same way? Is the spacing between the letters the same? Is the signature the same length? You may be surprised to learn that most people sign their name the same length each time.
  • Investigate the facts. You should look into the surrounding facts and circumstances of when the document was signed, who was present, and any other evidence supporting or disproving the legitimacy of the signature.
  • Capacity. Was the document signed on a day when the signer was elderly, infirm or suffering from diminished mental capacity? Was the signer taking any medication? Any of these conditions make the signer susceptible to forgeries. For more information, please read our blog titled “How do you prove “lack of capacity?”
  • Chain of custody. It may also be important to determine who has handled the document and been in possession of it since it was signed.

If you need assistance establishing an estate planning document has been forged, contact us today. We can help with all estate planning litigation-related matters, and are ready to walk with you every step of the way. We remain available to walk you through this uncertain time and to assist you in making good decisions.  To schedule an appointment, call us at (714) 963-7543.