Q: How to object to an administrator with suspected forged will?
I am the next of kin to the deceased and suspect the will favoring my niece as the sole beneficiary contains a forged signature. The will was created shortly before my sister passed while she was under medical care. I have evidence of my sister's signatures for comparison. The administration started without my knowledge due to incorrect address notifications, which have been corrected, but I have still not received any relevant mail. I have until March 13th. Despite visiting the court for guidance on filing an objection, I received only blank forms and no assistance. My sister and I cannot afford legal representation. How can I effectively object to the petition of an administrator under these circumstances?
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- California
- (916) 704-3009
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- Answered
A:
To object to the petition of an administrator, you’ll first need to file a formal objection with the probate court. Since you suspect the will is forged, you can challenge its validity by stating that you believe the signature on the will is not your sister’s. Bring your evidence, such as samples of your sister’s known signatures, and explain why you believe the will is fraudulent. You can file this objection as a "petition to contest the will."
In addition, you can raise concerns about the lack of proper notification. The court should have notified you, as the next of kin, about the probate proceedings. If you didn’t receive proper notice because of incorrect address information, you might be able to request the court to reopen the case or allow you to be heard, especially given the circumstances. Mention this in your objection and provide proof that you were not properly notified.
Even without an attorney, you can file this objection by completing the appropriate forms, which are available at the court. If the court clerk gave you blank forms, they may be generic probate forms, but you can use them to explain your case. It’s important to submit the objection before the deadline of March 13th to ensure your concerns are considered. If you need more help understanding the forms, there may be local legal aid services that could provide guidance without cost.
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