Forgery Red Flags to Watch For

Planning documents, including Wills and Trusts, are designed to reflect an individual’s final wishes regarding asset distribution. Unfortunately, forgery of these critical documents is a growing concern, often leading to lengthy and costly legal battles. A Pompano Beach estate litigation lawyer can assist you in recognizing warning signs and help you protect a loved one’s legacy, ensuring that rightful heirs receive what they are entitled to.

How Forgery Occurs in Estate Documents

Forgery in estate planning can take several forms. In some cases, an unscrupulous individual may draft an entirely fake Will or Trust, forging the testator’s signature to manipulate asset distribution. Other times, fraudsters alter an existing document, changing beneficiary designations or inserting fraudulent amendments.

Common perpetrators of forgery include family members seeking a larger inheritance, caretakers exerting undue influence, or even third parties with financial motives. These fraudulent activities typically occur when the testator is elderly, ill, or otherwise vulnerable.

One notable Florida Case involved a caretaker who forged a Will to gain control over a deceased individual’s Estate. The caretaker, who had no legitimate claim to the Estate, created a fake Will leaving everything to themselves while disinheriting the decedent’s rightful heirs. But the heirs contested the document in Court. Forensic handwriting experts were able to prove that the signature was forged. The Court invalidated the fraudulent Will, reinstating the rightful beneficiaries.

Detecting a forged estate document can be challenging, but several red flags should put concerned parties on alert.

• Signature discrepancies. If the Testator’s signature appears shaky, inconsistent, or unlike previous known signatures, forgery may be a possibility.
• Changes that seem sudden. Last-minute alterations in beneficiaries, especially when the testator was in poor health or under someone’s influence, warrants scrutiny.
• Lack of notary or witnesses. Florida law requires proper witnessing and notarization of Wills. A document missing these formalities is suspect.
• Uncharacteristic language. If the wording of the document does not align with the testator’s usual way of speaking or writing, it could indicate forgery.
• Suspicions of undue influence. If a single individual, such as a caregiver or a distant relative, unexpectedly becomes the primary heir, this could be a sign of fraudulent activity.

If you suspect that a loved one’s estate papers have been forged, seeking legal guidance immediately is essential.

Attorneys Know How to Challenge Forgeries

A skilled Pompano Beach estate litigation lawyer has the background and expertise to identify and challenge forged documents. Attorneys work with forensic experts, review previous estate planning documents, and look into suspicious circumstances surrounding a document’s creation. They can also present legal challenges in court, ensuring that fraudulent documents do not determine asset distribution.

What forgery concerns do you have? It is a sad reality that some FL estate documents have been illegally manipulated by individuals looking to serve their own interests. The legal professionals at Mark R. Manceri, P.A. can uncover fraud and ensure that justice is served. Then, legal beneficiaries can access the assets they have a right to. To learn more, schedule a confidential consultation.