QUESTION
What should I do if I agree with over turning my uncle’s last will that I signed?
Asked on Dec 18th, 2013 on Estate Planning - Illinois
More details to this question:
I witnessed and signed my uncle’s last will in front of his attorney in attorney’s office while my uncle was in coma in the hospital. There are infants involved in this will and the court appointed a guardian for the infants, I was contacted by the guardian and asked if I was there in the room with my uncle when this will was written and I said yes. Now this last will should be over turn for the best interest of the children and I got a subpoena for form 1404 in court. My question is should I say the truth now that I was not in the hospital room with my uncle when I witnessed this will or should I stick to my lie? I agree with over turning the will because it’s for the best interest of all family.
18 ANSWERS
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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First and foremost, tell the truth. You need to retain counsel to represent you.
Answered on Mar 19th, 2017 at 5:52 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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contact an attorney immediately.. The will is invalid... and the attorney who wrote it should get in a lot of trouble.. and you could get penalized for perjury if you do not tell the truth. J
Answered on Dec 20th, 2013 at 11:41 PM
Edwin K. Niles
It?s not up to you to decide what?s best for the family. Perjury is a felony! Why would you even ask this question?
Answered on Dec 20th, 2013 at 11:40 PM
Tell the truth. A lie would only hurt you.
Answered on Dec 20th, 2013 at 11:40 PM
You should tell the truth. The attorney who had you sign will likely tell the truth which would contradict any lie you might give. The court is probably going to believe the attorney over you.? What of the?other signer of the Will [if not the attorney]. Is there a prior Will? If the judge is unsure if the Will is valid or not, he may strike it.
Answered on Dec 20th, 2013 at 11:39 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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I'm sorry, but I can never recommend lying under oath, especially in court. The attorney who allowed this to happen may very well be subject to discipline and/or may have committed malpractice.
Answered on Dec 20th, 2013 at 11:39 PM
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You must tell the truth. I urge you to speak with legal counsel. You may have perjury issues, etc. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Dec 20th, 2013 at 11:38 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You should not lie, especially in court. If the Will was not properly executed, then it should not stand. The Will is supposed to reflect the intent of the decedent; which is not necessarily the intent of the family.
Answered on Dec 20th, 2013 at 11:35 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You should tell the truth as to whether you were or were not in the room, as a signed witness, at the signing of your uncle's will; here is why: You may be charged with a crime of promoting a fraud upon the estate of the deceased and the court, and go to jail.
Answered on Dec 20th, 2013 at 11:35 PM
Tell the truth. It is the right thing to do.
Answered on Dec 20th, 2013 at 11:34 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Form 1404? You're not in Oregon, are you? In Oregon, and in many places, a person (your uncle) makes a last will and testament. That's what that person wants. End of story. If you and one other person witnessed YOUR UNCLE signing the will, intending that it be his last will and testament, then it is, and the family should live with the terms of that will. Your question makes it sound like your uncle was in a coma, and didn't sign. In that case, in Oregon, it's not his will at all. I don't know what the document is.
Answered on Dec 20th, 2013 at 11:34 PM
Thomas Edward Gates
You should tell the truth.
Answered on Dec 19th, 2013 at 11:39 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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You would be commiting perjury if you lie in court.
Answered on Dec 19th, 2013 at 11:39 AM
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It is a criminal offense to lie under oath. Stick with the truth, and let the chips fall where they may. If you have already lied under oath, you should ask a criminal attorney for advice IMMEDIATELY.
Answered on Dec 19th, 2013 at 11:10 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Never, ever lie in court. Ever.
Answered on Dec 19th, 2013 at 11:10 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are compelled to speak the truth, morally and legally. There can be no other advise.
Answered on Dec 19th, 2013 at 10:50 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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No attorney is going to advise you to lie to the court under oath.? You should retain an attorney to advise you directly.
Answered on Dec 19th, 2013 at 10:49 AM