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

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. 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 communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. 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. 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 question. My response to your question is probably worth exactly what you paid for it. You don't get to sue me for anything. If you'd like to sue me, well you have to hire me first. Here's how you can hire me! #1 Call: 1-888-463-2843 #2 Email: david@davidcarrierlaw.com #3 See me on TV! www.woodtv.com - go to the Ask the Expert tab! #4 Listen to my radio show (2 full hours every week!) www.woodradio.com - go to the podcast section.


  4. 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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