Chicago, IL asked in Criminal Law, Real Estate Law and Civil Litigation for Kentucky

Q: How can I prove a DEED is FAKE or FORGED or FRADULENT?

100 Acre farm purchased by a set of four brothers and held with undivided interest for over 18 years. THEN they decided to divide the farm into parcels (one for each brother/spouse). BUT they specifically left ONE tract deeded amongst ALL of them (main entryway onto property and also included a barn) with an undivided interest (SPECIFICALLY to prevent the farm from ever being sold if any family disputing began). Fast forward another 15 years and brothers passing away and now family disputing has begun. One set of family members claim THEY have 100% ownership in the "undivided interest" tract that controls the entry onto farm only after a lawsuit was threatened and filed over disputing. (DEED NEVER PRODUCED OR EVEN TALKED ABOUT BEFORE NOW). We believe they've FORGED my parents signatures - OR the document created is a FAKE document and possibly even "paid off" authorities in the clerk's office to RECORD it (backdated). WHAT CAN I DO ?

2 Lawyer Answers
Anthony M. Avery
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A: It would be almost impossible to backdate the recording of a deed at the courthouse. But the deed should be examined very closely, especially checking out the notary's commission and the signatures themselves. Notary should be found and questioned. Whoever drafted the deed should be questioned. In any event, there is probably an easement by implication, possibly prescription, over it to the other tracts. Have a KY attorney search the titles and determine any heirship issues. Payment of taxes may be significant here. Ultimately get a KY lawyer's opinion about filing suit for quiet title, ejectment or even partition.

Timothy Denison agrees with this answer

A: You’ll need a handwriting expert examine the deed.

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