Asked in Estate Planning, Probate, Contracts and Real Estate Law for California

Q: Can a person file probate lost will claim 10 years after they used same false documents in 2011 only to fail to show up

But took all assets and disappeared. Now back with same will after i paid off house and filed in blind behind my back duing lock down virus

1 Lawyer Answer
Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: It is difficult to know how to respond to your question without more information. Certainly, if someone has falsified a document and used it in court, there is no way a judge would allow the document to be used UNLESS no one testified or proved that the document was fake. On a different point, if someone took assets that did not belong to him/her/them, you can bring a claim in Probate Court and seek to get a judgment against the person. Even if the person doesn't have money now, judgments can be renewed every ten years, so it is active throughout that person's life, allowing you to recover the money as soon as it is available. You should see an attorney in your area to assist you. This is more complicated than the standard situation, so it likely isn't a do-it-yourself project unless you've been trained on how to handle matters like this.

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