Q: How do prove that a wife did not sign or agree to a document that relinquished her rights to her husband’s estate.
In maryland
A: It depends on the facts, but one might look to the provenance of the signature using a handwriting expert or the circumstances of the signing. I had one case where the signature was attacked by investigating the notary seal, which turned out to be forged. There are many sets of facts, and it is the creativity of the counsel and the procedural games, particularly in discovery, that determine the facts.
A: Ordinarily you would need a prenuptial or postnuptial agreement for that, but if the wife is disputing her signature, she’ll need a handwriting expert.
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