Corona, CA asked in Estate Planning, Identity Theft, Legal Malpractice and Probate for California

Q: I recently found out that my aunt forge my signature and cashed out some stock that my grandfather left .

Is there a time limit on forgery can I sue my aunt for it ? she cash out the stock an fo signing my signature . An the lawyer for not doing his job and asking for ID or just seeing if Anna was Anna if I was the person that was supposed to receive George Gallegos is part of the stock was indeed the right person . When I confronted my aunt about it she totally denied everything that there was never no stock my aunt the second to the oldest totally told on her gave me all the information and there was that I signed a paper to leave the stock in long term which I knew nothing about any know what long-term even met is there anything I can do about this

1 Lawyer Answer
Bruce Adrian Last
Bruce Adrian Last
Answered
  • Estate Planning Lawyer
  • Pleasant Hill, CA
  • Licensed in California

A: Dear Corona:

Yes, there is a statute of limitations on forgery. Actually, forgery is a criminal offense, while in civil law it is conversion. Although there are a number of other civil causes of action that can arise of someone forges a document. For example, if the forger is also the executor of an estate or trustee of a trust, then there is an additional cause of action for Breach of Fiduciary Duty.

And, there is a rule called "Delayed Discovery." Essentially, if the act was not discovered, and could not be discovered by reasonable diligence, then the statue of limitations is paused till discovery. (It's a bit more complicated than that, but you get the gist.)

Because each cause of action may have a different statute of limitations, and the delayed discovery rule, it is not possible to provide an exact answer based on your fact pattern.

I suggest that you take all the information and discuss the matter with an attorney. You might try your local county bar association. Most will provide a referral to an attorney who provides a consultation for a small or no fee. (Here in Contra Costa County it is $35.00 for a 1/2 hour consultation.)

Best of luck.

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