QUESTION

What legally can be done for a forged promissory note in an estate?

Asked on Dec 03rd, 2013 on Estate Planning - Nevada
More details to this question:
There is a court date on my mom's estate. My sister who caused this court date has a promissory note that all I see is a signature that is not mine. Estate lawyer and 2 of the executors are in agreement the promissory is not to be pursued. My sister, on January 22nd, is going to court with this note she is using to get my brothers piece of the property. My brother shouldn't have to give up his portion of the property for her to drop it. She is also the 3rd executor and has gone against the other 2 executors and the estate lawyer in this matter. I was told by the detectives department to get a consultation because this is a civil matter.
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12 ANSWERS

Corporate Law Attorney serving Boston, MA at Durkin Law, PC
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You say there is an "estate" lawyer. That lawyer represents the executor or the administrator and should be the person challenging the note.
Answered on Dec 12th, 2013 at 4:03 AM

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Not enough facts to give a good answer.? What did she actually file?? If you think it's a forgery you may want a handwriting expert.? You should retain a probate attorney to go over everything.
Answered on Dec 06th, 2013 at 3:09 PM

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Commercial Attorney serving Chicago, IL at Ashcraft & Ashcraft, Ltd.
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Determining whether a promissory note has been forged requires the same evidence and proofs whether inside or outside the context of a probate estate. Your detail description seems to indicate that you are claiming that your signature on the note is forged yet your sister is enforcing the purported indebtedness to the estate against your brother's share of the estate. The connection is not clear from your description. I am concerned that your detail description of the pertinent facts is not complete. Without the complete facts it is difficult to respond to your question. It seems your sister is the current executor, successor to two other, prior, executors. As the appointed representative your sister is duty bound to evaluate whether an asset of the estate exists and should be collected and is not bound by the prior decisions of earlier executors unless the prior executors entered into some kind of agreement with the purported debtor. This assumes the prior executor had the authority to enter into such an agreement. Your brother must take steps to challenge the validity of the promissory note if the executor intends to enforce the note against him as a debtor to the estate and offset that debt against his interest in distributions under the estate. If on the other hand your sister is one of 3 co-executors there is a different dynamic. The opposing co-executors should weigh in along with your brother and oppose the action based on the belief that the note is not valid and pursuit of the purported asset is a waste of estate funds.
Answered on Dec 06th, 2013 at 7:19 AM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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You have a very complex situation. It is not entirely clear what your sister is hoping to accomplish, but court proceedings are generally not a place for someone who is not represented by an attorney. If your sister is the personal representative, then the estate lawyer works for her. If the estate lawyer does not represent your sister, then it is even less clear what is going on. I would suggest you meet with an attorney to determine how best to proceed.
Answered on Dec 04th, 2013 at 9:54 PM

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Admiralty / Maritime Attorney serving Monrovia, CA at The Law Office of Nathan Wagner
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You could offer evidence that the promissory note is forged or that it has been paid off. However, the detectives were right . . . the best thing you can do is to get a consultation with a local probate lawyer. Before answering your question, a probate lawyer will need to know many more details about the situation than you can easily provide in an internet Q&A forum.
Answered on Dec 04th, 2013 at 8:05 PM

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Edwin K. Niles
So get a consultation. Sorry, but this forum is for simple, one-issue questions.
Answered on Dec 04th, 2013 at 8:04 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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You and your attorney(s) can challenge your sister at the hearing in court. You can also ask the judge to remove her as executor at that time.
Answered on Dec 04th, 2013 at 8:04 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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If the other two executors are fighting it, I don't know if there is much for you to do. If they are not, then I guess you will have to hire an attorney to help you prove that the promissory note was forged.
Answered on Dec 04th, 2013 at 8:04 PM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Obtain the services of a probate litigation lawyer to review the documentation of the facts and documents you alleged are forged.
Answered on Dec 04th, 2013 at 8:04 PM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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This is way to complicated to be handled in an on-line forum. Meet with an estate attorney, show the attorney your documents, and discuss your case. Many attorneys give free consultations. Meet with one ASAP, well before the 1/22 hearing date.
Answered on Dec 04th, 2013 at 8:04 PM

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Probate Attorney serving Las Vegas, NV
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You need to hire counsel and your brother should consider the same.
Answered on Dec 04th, 2013 at 8:03 PM

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Have a document/hand writing expert examine the note.
Answered on Dec 04th, 2013 at 8:03 PM

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