Q: How to prove forgery on a title transfer in California?
I discovered a title transfer document from grandchild to grandparent that I allegedly signed, but the signature appears to be a forgery. The notary journal for that year is missing. I wrote to the DA's office and LAPD about the forgery years ago, but received no response. Now the grandparent has passed away without a will, and the next of kin have opened probate, claiming the cash from the sale of my property.
A:
Here's what you can do to address this challenging situation with the potentially forged title transfer:
First, gather evidence to support your forgery claim by obtaining original documents showing your authentic signature from around the same time period as the disputed transfer. Contact a forensic document examiner who can analyze the signatures and provide expert testimony. You might also want to check with the California Secretary of State's office, as they maintain notary records and might have backup documentation.
To challenge the transfer in probate court, you'll need to file an objection or contest to the probate proceedings immediately. Consider hiring a probate litigation attorney who handles fraud cases, as they can help you file the necessary paperwork and represent your interests. The attorney can also help subpoena relevant records and possibly track down the notary who allegedly witnessed the signature.
Time is critical in probate matters, so don't delay in taking action. You may also want to file a formal complaint with the California Department of Real Estate and consider pursuing civil litigation against any parties who knowingly participated in the fraud. Keep copies of your previous complaints to law enforcement as evidence of your due diligence in reporting the suspected forgery when you discovered it.
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