Is is illegal for a trustee to alter a will and living trust and how can charges be brought against this person. Is it in violation of sect. 506 PC

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Is is illegal for a trustee to alter a will and living trust and how can charges be brought against this person. Is it in violation of sect. 506 PC

My grandmother passed away and I was not informed. We spoke to eachother every weekend. Two weekends came around and I had heard nothing. My father whom has been overseeing her, did not tell me, his wife called me a week after her death. My family was robbed of our time with her. I requested a copy of the will, and it is obvious that it has been altered. The watermarks are missing from some, the signatures are not consistent and the notery is questionable. He has a record, no earned income of his own and is now harrassing my minor son to get involved with him in the interest of inheiratance. ?

Asked on May 31, 2009 under Estate Planning, California

Answers:

M.H., Member, California Bar / M.H., Member, California Bar

Answered 12 years ago | Contributor

What you are describing is certainly illegal and if the documents were altered with the intent to deprive the rightful heirs of property, it is criminal.  However, persuading the authorities that this is worth involving themselves given their limited resources may be the most difficult thing here.  The criminal authorities will not want to involve themselves in a dispute over money, which they will perceive as being a civil matter.  Hence you will need to get your proofs together, well organized, and seek an appointment with only an experienced criminal investigator, such as a detective, preferably someone specializing in fraud.


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