What to do if a sibling may have forgeda Will?

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What to do if a sibling may have forgeda Will?

A friend of mines mother passed away a couple of weeks ago. She stayed with her the whole time. Her sister never came to see her. Before she went in for surgery the sister had her mother sign over the house to her (which seems to be forged). No Will was made. They said everything in the house was theirs. They changed locks on the doors. My friend’s mother gave her some things in the house but her sister won’t let her in to get it. What does she need to do to get whats hers? She is on disability and can’t afford a lawyer.

Asked on October 11, 2011 under Estate Planning, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your friend's loss and for the situation as it is.  What she needs to do is to be appointed as the administrator or the personal representative of the Mother's estate.  She needs to go down to the probate court in the county in which the mother resided at the time of her death and file a petition.  If she is indigent or the estate is indigent ask for fee waivers.  Once she is appointed she can bring a motion in court - which is a formal request to the court for some type of relief - to set aside the transfer as fraudulent.  Can she go down and see if legal aid can help her?  She can also possibly file a criminal complaint of fraud against the sister if the signature was forged.  Good luck to her.


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