What Should I Do if I Suspect Fraudulent Documents and Identity Theft Are Affecting My Inheritance During Probate?
Detailed Answer
Probate ensures that a decedent’s assets pass to the right beneficiaries under North Carolina law. When someone introduces forged documents or uses another person’s identity to claim assets, courts must act to protect your inheritance. You should move quickly and follow clear steps to challenge any improper filings and to alert authorities.
1. Review Court Filings and Estate Documents
Start by obtaining certified copies of all filings in the estate file at the clerk of superior court. Compare signatures, notarizations, and dates on wills, codicils, and affidavits. If you notice mismatched signatures or missing notary seals, document those irregularities.
2. File a Will Contest or Caveat
North Carolina General Statutes §28A-19-1 allows an interested person to ask for a hearing when a will may be invalid due to fraud or forgery. You, or your attorney, can file a written contest or lodge a caveat with the clerk. The contest must state the grounds, such as fraudulent execution or undue influence, and include any supporting evidence.
Link to statute: N.C. Gen. Stat. §28A-19-1
3. Notify Law Enforcement
Identity theft and document forgery are crimes under North Carolina law. File a report with your local law enforcement agency. Provide copies of the suspicious documents and any proof of the theft, such as altered bank statements or unauthorized signature comparisons.
4. Seek an Accounting and Bond Review
If you doubt the executor’s honesty, you can request a formal accounting from the estate. You can also ask the court to review or increase the executor’s bond under N.C. Gen. Stat. §28A-15-1 if you fear they may misapply assets.
5. Consider a Special Proceeding for Removal
Under N.C. Gen. Stat. §28A-15-1, the court can remove an executor or personal representative who engages in misconduct, including fraud. You or another beneficiary can petition the court for removal on those grounds.
6. Gather and Preserve Evidence
Collect all communications, notarized documents, financial records, and witness statements that support your claim. Store originals in a safe place, and provide copies to your attorney. Forensic document examiners can analyze handwriting or ink as needed.
Key Steps to Protect Your Inheritance
- Obtain certified court documents and compare details.
- File a timely will contest or caveat under N.C. Gen. Stat. §28A-19-1.
- Report identity theft and forgery to law enforcement.
- Request a full accounting from the personal representative.
- Petition for the removal of a dishonest executor.
- Preserve evidence through secure storage and expert analysis.
Conclusion and Next Steps
Fraudulent filings and identity theft can seriously jeopardize your rightful inheritance. Acting swiftly helps the court protect estate assets and uphold the decedent’s true wishes. Pierce Law Group has seasoned probate attorneys ready to guide you through the contest process, coordinate with law enforcement, and secure evidence. Contact us today to safeguard your interests.
Email us at intake@piercelaw.com or call us at (919) 341-7055 to discuss your case with a knowledgeable probate attorney.
