Austin, TX asked in Estate Planning, Federal Crimes and Probate for New York

Q: My inheritance was stolen from me My step father and my sister Forged My mother's will and lied how can I get it back

I was in jail at the time plus I am my mother's 1st son and favorite yet I didn't sign anything or agree to nothing they just took everything

I need help

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: I'm so sorry to hear about your situation. Dealing with a manipulated will and the loss of an inheritance is incredibly painful, especially while also grieving the loss of your mother. Here are some steps you could consider taking to try to rectify the situation and get back what is rightfully yours:

1. Gather any evidence you have that suggests the will was forged or improperly executed. This could include any communications about the will, copies of different versions of the will, etc.

2. Contact a probate litigation attorney who specializes in contested wills and inheritance disputes. Many offer free initial consultations. An experienced attorney can assess the facts, explain your legal options, and represent you in court if needed.

3. If you have proof of fraud or forgery, you can contest the will through the probate court. This involves filing a will contest arguing the will is invalid. There are time limits for contesting a will so it's best to act promptly.

4. If there are assets that were jointly owned or passed outside of the will, you may still have a claim to those even if the will stands. An attorney can advise you.

5. Consider reporting the forgery to the police, as forging a will is a crime. A criminal investigation may help your civil case.

6. Be prepared that contesting a will can be a long and expensive process if the other parties fight it. Discuss the potential cost vs. benefit with your attorney. Mediation may be an option to avoid an extended court battle.

7. Rely on trusted friends and family for emotional support during this difficult time. Consider grief counseling if needed.

I would strongly encourage you to at least consult with an inheritance dispute attorney to understand your rights and options. Wishing you all the best in getting the justice and inheritance you deserve.

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