Forgery and How Florida Courts Respond

Accusing someone of fraudulently making or altering a document, particularly Wills and Trusts, is a serious allegation. If true, forgery can unravel the entire distribution of an estate. If you suspect that a loved one’s will was forged, or you’re being accused of fraud yourself, it’s essential to understand how Florida courts handle these disputes.

Pompano Beach estate litigation lawyers understand the gravity of forgery claims. Legal professionals have the tools, connections, and courtroom experience needed to handle them with precision and care.

 Evaluating Forgery Claims

Forgery in estate law typically involves the falsification of a signature on a Will, Trust, or other legal document. This can include a completely fabricated Will with a forged signature, a legitimate Will that’s been altered after signing.

Florida probate courts don’t simply take accusations of forgery at face value. These claims must be backed by evidence, and the burden of proof typically falls on the person contesting the Will.

Courts evaluate:

• The credibility of witnesses. Testimony from those present at the signing, including witnesses or the drafting attorney, plays a crucial role.
• Consistency in signatures. If the testator’s signature looks suspiciously different from their known handwriting, questions arise.
• Motive and opportunity. Did a beneficiary stand to gain significantly from a last-minute change?

Some additional things a court may review include if the document was kept in a secure location (like an attorney’s office or safe deposit box) and whether it mysteriously appeared after the decedent’s death. These details can raise or reduce the likelihood that forgery occurred.

The Role of Experts in Investigations

A key part of successfully challenging or defending against a forgery claim involves expert analysis. For instance, forensic document examiners are professionals who compare questioned signatures with known samples to determine authenticity. They use magnification tools, ink analysis, and handwriting pattern recognition.

Additionally, handwriting experts can give courtroom testimony regarding similarities or discrepancies in the testator’s writing. And if the forgery is tied to diminished capacity or undue influence, doctors or neuropsychologists may testify about the testator’s state of mind.

A reputable Pompano Beach estate litigation lawyer has working relationships with these experts and knows how to obtain credible, admissible testimony to support your case. Navigating a forged will allegation without a seasoned estate litigation attorney is risky. Florida courts require clear, convincing evidence, and success often hinges on nuanced details, expert opinions, and strategic presentation.

Can a lawyer help you identify forgery red flags? The attorneys at Mark R. Manceri, P.A. are available to protect your rights and your loved one’s legacy. Lawyers know how to preserve evidence and coordinate expert witness evaluations. Schedule a confidential consultation today.