If The Durable power of attorney can be proved to be fraud, what can they come back @ me with? Is it true that ALL they would have to do is hire an Expert witness for $350.00 & they can say, no its not a forged document, is that true? "THANK YOU">>A~gain... :)
If you can PROVE fraud, then you win. If you cannot, you lose. If they have an expert witness to offset your "proof", then toss a coin. Actually, the burden of proof is on you to overturn the existing documents. So, you do not even have a 50/50 chance. You need to have some pretty compelling evidence to support your claims or you probably will not win.
Of course, you do not share any facts relating to the document in question or its execution. If this was prepared by an attorney who met with the client and went through the normal formalities, it would be very difficult indeed, to set it aside. If it was something drawn up on a napkin in the emergency room at a hospital, that is something different. In order to maximize your chances of winning, you really should have an attorney assisting you with this.
*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.
Bottom line-you have to prove it is fraud.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
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