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spagetti

estate/wills

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I live in Michigan, and my mom passed 4 years ago. My dad passed 8 months ago, and although their wills state that their estate be equally divided amongst my sister and I , I have a strong suspicion that my sister (who is named executor), had my fathers will recreated as an original. I know and have heard from one of the persons who witnessed my parents' will signing, state that my dad named me, and not my sister as executor. So one would think so what? The will states that everything is to be divided up between the two of us right? I believe by my sister producing a false original, that this gave her power to gain financial control of assest in general. I looked at the wills, and they are diff. shades of paper even though they were done on the same day. Things look to be exactly as my moms, even the notary stamp is in the exact spot of each individual will. I mentioned this to my attorney, as i am willing to have an expert evaluate them, but he doesn't think this is important evidence. I do, as I also know that some attorneys string their clients along, for financial gain. Let's face it. If every this were true, my sister would be commiting a felony, and slam dunk, my attorney wouldn't have to dig deeper. Your opinion please. Thanks, sparky

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spagetti said...

I believe by my sister producing a false original, that this gave her power to gain financial control of assest in general.

No idea what you mean by this.

Has the will been submitted for probate and the sister appointed as executor by the court?

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Well, I would not put it in the words you did. But "control" of estate assets is what the executor receives when appointed by the court. But the executor is still required to administer the estate on behalf of the interested parties, which includes beneficiaries, and to follow the provisions of the will. If you had been appointed, you would have the same control.

Do you think that she is committing some breach of her duties as executor?

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Harrylime, you aren't addressing the question I have about a reproduced false will. No, to the question of ,"is my sister following through on her fiduciary duties". This is why I'm bringing the issue about whom my father named as his executor, and who is currently named as executor. Please re-read my original question. Thank you spagetti

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I did read your post. The most significant word in it is "if."

I suspect that your attorney has the same reaction as I do. This is going to be very difficult to prove to a court's satisfaction. And, even if it is proven, what happens? Your sister is removed as the executor. Another executor is appointed. The distribution of the estate's assets is not going to change, right?

If your sister is in breach of her fiduciary duties in administering the estate, attack that problem head on, asking the court to remove her on those grounds.

(Just as more a side note... How long ago was the will that you believe is valid executed? I just don't know how much credence would be given to the witnesses. Usually, witnesses don't sit around reading the will. They aren't required to. They are there to verify that the testator acknowledges that the document is the testator's last will and testament. I could easily see the witnesses be chewed up and spat out during deposition/testimony. Especially, if the "valid" will was executed a number of years ago.)

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