American Indian Owned Law Firm

Warnings signs that a will is fraudulent 

On Behalf of | Nov 20, 2022 | Probate & Estate Planning

Sadly, your elderly relative has recently passed away and it’s time for their estate to be distributed. They were always generous throughout life, ensuring that their family members didn’t have to struggle. This level of care was reciprocated by much support and love from their kin. 

A will has been presented and you’re very suspicious of it. It doesn’t seem to match what you believed to be your loved one’s final wishes. You’re fairly certain that foul play is involved and that the will is fraudulent. How can you tell if this is the case? 

The will has changed drastically 

You knew that estate planning was important to your elderly relative, so you and the rest of their family helped them to get organized. As a family, you listened to their final wishes and they made sense. 

You know for sure that they had a will drafted a few months before they passed, but this has been completely discarded and replaced with another suspicious-looking document. It favors a caregiver and has left the family with little inheritance. You suspect that your loved one was coerced, deceived or threatened into making the changes.

The will was drafted at home 

It’s perfectly legal for an individual to draft their own will, but that doesn’t mean it’s advisable. DIY wills must also adhere to estate planning laws. If your loved one used an attorney to draft a previous will but the newest will was done online without other family members or neutral third parties being aware of it, that’s definitely a red flag.

Was your loved one truly behind this will or did someone with vested interests have a role to play? Was your loved one even internet savvy and comfortable with creating online documents?

If you suspect a will is fraudulent in some way or was created under undue influence, then you are perfectly within your rights to contest it. Before doing this, be sure to seek some legal guidance