If a person made a will for someone and the dates didn't match could you get them for fraud

Asked almost 2 years ago - Waco, GA

My husband passed away in December of 2011. His sister made a will for him claiming the will was dated October18 ,2010. On the notary stamp it states that the commission expires August 1, 2015 .Would that not prove that the will was fraud since a notary renews their stamp every 4 years The stamp would have been renewed on August 1, 2011 .So wouldn't that mean the will had to have been made later than stated date of October 18,2010.Theres even more that she did like changing benificary on insurance policies that I had on him and by the way he died of alzheimers!Theres lots more she did coming up to this......

Attorney answers (4)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . The only place a will could get notarized is in the separate self-proving declaration, and that can be done later than the will. Thus, you have left out way too much information to answer. However, if you have a dispute about a will, you need to retain counsel IMMEDIATELY (there are very short deadlines in probate).

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Richard Michael Morgan

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . As Glenn stated, a notary is only used on the self proving affidavit but this could serve as evidence of other wrongdoing. You should seek competent legal counsel immediately.

  3. David L. Carrier

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Sounds like hanky-panky to me! Get yourself a litigator used to dealing with fraudulent documents and listen to his/her advice.... Life is not like a detective show and the fact that you may have caught an inconsistency does not necessarily mean that there has been nefarious fol-de-rol... but it's worth exploring...

    This is not legal advice. I am not your lawyer. You are not my client. You cannot rely on my response to your... more
  4. Lawrence A Friedman

    Contributor Level 18

    2

    Lawyers agree

    Answered . Deliberately misstating the date on a will could evidence fraud, but your inquiry isn't conclusive. To determine whether you may have claims or gounds to challenge the will, I recommend you consult an attorney with expertise in wills and estates Lawrence Friedman elder, wills & estates lawyer.

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