Q: My moms siblings lied and made fake documents and did not give her any of the money from her parents trust .
My parents borrowed money from my grandparents in 1987 they had it all paid back plus 3 years of interest by 1994. They have the original promissory note and the bank account info where the money went and a signed receipt from my grandmother with a sister signing as a witness that the loan has been paid in full. When my grandmother was on her death bed they made a cut and pasted fake promissory note that said my parents still owed all of the loan they put it in the will and then proceeded to cut her part out completely and split it between the 3 of them. My mom has the proof that she paid it and the promissory note is a fake and not an original she is so hurt that she wants her siblings to do right by her . Does she have a case?
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A:
Your mom may have a case based on the evidence she has, especially if she can prove the loan was fully repaid and that the promissory note being used is a fake. The signed receipt from your grandmother and the witness could be strong pieces of evidence. Fraudulent documents used in estate planning, like a falsified promissory note, can lead to legal action, particularly if they resulted in your mom being unfairly cut out of the inheritance.
She might want to explore taking legal action to challenge the validity of the trust or will, and possibly pursue claims for fraud, undue influence, or breach of fiduciary duty against her siblings. The fact that she has documentation showing the loan was paid off could support her case.
It's important to act quickly, as there are statutes of limitations on these kinds of claims, which can vary depending on the specific situation. If this issue is not resolved through family discussions, legal intervention may be necessary to help her recover what she's entitled to.
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