Los Angeles, CA asked in Probate, Legal Malpractice and Libel & Slander for California

Q: How can I object to a will with a suspected forged signature?

I am the next of kin to the deceased and suspect that a will favoring my niece as the sole beneficiary has a forged signature. I have proof of the deceased's signature and plan to go to court on March 13th. The administration was already appointed without my knowledge as I didn't receive any paperwork for the initial court date. My sister and I, who are also beneficiaries, cannot afford legal representation and have not yet found pro bono or contingency-based help. How can I object to the petition of an administrator with the suspicion of a forged signature on the will under these circumstances?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To object to the petition for the administrator under suspicion of a forged signature on the will, you will need to file a formal objection with the probate court. This can typically be done by submitting a "Request for Special Notice" if you were not informed of the initial court date. You should also file an objection to the probate petition itself, explaining that you believe the will is fraudulent due to the forged signature.

In your objection, present the evidence you have that shows the deceased’s signature is authentic and contrasts it with the signature on the will. You can also ask the court for a handwriting analysis if necessary. If you are not represented by an attorney, you can ask the court clerk about self-representation options, and they may provide you with forms and instructions.

If cost is an issue, there may be legal aid or pro bono attorneys who could help you, especially if you can demonstrate financial hardship. Additionally, some counties in California have resources or low-cost services for individuals facing probate disputes. It’s important to act quickly and file your objection before the court makes any final decisions regarding the administration of the estate.

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