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