Most Recently Updated Sept. 15, 2017.
Forgery as a basis for a Will Challenge
From our “Ask a Question” mailbag: How to Pursue a Montgomery County Will Contest.
“I believe the will my sister filed in Montgomery County is a forgery. This is not my father’s signature. So, how do I start a Will Challenge?”
The Orphans’ Court Hears All Montgomery County Will Challenges.
If you father died a Montgomery County resident, then his Will has been filed with the Montgomery County Register of Wills. Therefore, the contest shall be an appeal from that filing. Judges in the Montgomery County Orphans’ Court located in Norristown hear all Will Contests.
Every Montgomery County Will Contest Begins with a Petition.
Your Will Contest starts with a well-crafted petition. You build the case based on this petition. It is your foundation. Prepare the Petition correctly or risk waiving important positions. Therefore, attorney experience is vital.
See my website for my Article, Will Contests Explained for the Non-Lawyer: Everything You Need To Know.
Know the Elements.
The burden will be on you to prove your case. There are specific elements to establishing a Will Contest based on Forgery. The judge orders discovery. You will need an experienced attorney to gather evidence through depositions and subpoena. At trial, your attorney submits the evidence under Rules of Evidence. This process takes time to learn. Experience is vital for your case.
See my website for more information about Will Contests Based on Forgery.
Montgomery County Will Contests, Explained.
In conclusion, in this Post, I tried to introduce you to the process of pursuing a Montgomery County Will Contest. Further, I included links to even more detailed information on my website. So, let me know how I did, comments and questions are welcome!
Furthermore, I would be happy to answer your questions. If you have any other matters for a Montgomery County Will Challenge Attorney, feel free to contact our office for a free consultation. We try to make the process painless!
Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!
Author, Peter Klenk, Esq.