Can a Will entered into probate be deemed invalid if the person named as beneficiary is charged with forgery of one of the witness’s signatures?

They have been charged but not yet convicted.

Asked on October 21, 2013 under Estate Planning, Arizona

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

Each state has different rules on how a will must be signed. In many states, the witnesses must sign at the same time as the person making the will. If one of the witnesses' signatures on the will is forged, then the witness must not have signed at the proper time, and the will might not be accepted. However, many states will allow a witness to sign at a later time (in California, a witness can sign at any time before the death of the person making the will). You should talk to a local probate attorney to find out what the law in your state requires regarding witnesses' signatures.  


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