Tempe, AZ asked in Probate for California

Q: How do i present to court that document filed in opening probate were forged signatures

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1 Lawyer Answer

A: Dear Tempe AZ:

Without knowing more, I can not give an exact answer. Also, the procedure would depend on the State in which the probate is pending, as rules of procedure and evidence are not identical for every state. (I note that you are from Arizona and did not note what court the proceeding is in. The proper forum for your question is in the State that is handling the probate.)

Generally, you would need to notify the court using the proper procedure. You would also need to document your allegation with evidence in support, for example exemplars of the signing party's signature for comparison to the allegedly forged document. You might even need to use handwriting expert, if it is not an obvious forgery.

I strongly recommend that you speak with an attorney about how to proceed. The rules of procedure and evidence are quite tricky, and you would not want to make a mistake and lose your rights. And proving forgery can be a tricky process. If you do not know where to find an attorney, you can try the lawyer referral service run by the bar association.

In California, each county has its own local County Bar Association, which operates a lawyer referral service where you are matched to an attorney who provides a consultation for a nominal or no fee. I don't know about Arizona, but you could start with the State Bar Association, which should be able to point you in the right direction.

Good luck.

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