re: Family forged a will for my father.

Tigerclaw. They are correct that you should interview/depose all who witnessed the supposed will. Your dad signed it, so get a handwriting expert to look at it (find some old stuff your dad signed so he can compare.) It's hard, but that is how you traverse a bogus will....

Is that you Mr. Platsmeier?

Only 2 ways you can do a will these days in Louisiana. Not sure about Texas. But form matters. If it isn't right, will probably be thrown out....

quote:

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opposing client "it's a fake will"

client "it's real"

verify it. check witnesses and notary. Due Diligence.

Otherwise deal with the Disciplinary Board

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Disagree. I think you can meet your article 863 obligations by presenting a will in the proper form and your client verifiying the petition via affidavit. Now if someone challenges it and you have to traverse it then you may have an obligation to dig deeper to represent your client, but I don’t think 863 requires you to go that deep on the initial filing.

I’m not an attorney, just wondering, is the will for real property or personal property? You said he was renting if I remember correctly.

If this is a will for personal property, I understand your frustration, however this seems like an expensive undertaking to fight it on principal.

If this is for real property, then I would proceed. But you will need an attorney skilled in real estate and probate. Texas is a lien-theory state and relies on a deed-of-trust to establish ownership of land. This is assuming there was a loan used to acquire the property and it wasn’t paid for in cash. Deeds-of-trust are usually recorded in the county of the property and if there is a lien, then whoever holds the lien will have a representative present at probate.

Sounds like there is a chance you could prove the will is voidable if it was done under duress or the influence of medication.

IDK - I've seen this happen in my jurisdiction. Your mileage may vary.

No sir. Sounds good to go

There’s gotta be more to that story then.

I tell clients I will argue the "principle of the matter" for $250 an hour all day long. Not sure the circumstances here....but do need to evaluate whether the cost of fighting is worth it. Sad to say...

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Had not heard anything about my uncle for years until he was recently charged for killing a woman. I’d like to stay away from that crazy. Unfortunately even though some of us grow to be successful adults, us unlucky ones are stuck with shite bags for family.

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Sorry for your loss.

Does uncle own property your dad rented? Wondering if removing stuff he wants already, but also what rights a the kids have to access property after a parent passed away.

Uncle sounds like a piece of crap even before mentioning he was charged with killing a girl.

Like others said get a lawyer and stay away from personal interaction with uncle. Not sure what assets are in play including at house, but i wouldn’t put it past the uncle to fake a will or even have tricked your father into signing something he may not have realized. He and the others are probably relying on not being challenged, and i would not give him the satisfaction.

I would also try to make a list of items you remember being at the house.