Losing a parent is devastating. Finding out their will might be fake? That’s a whole different kind of pain. If something feels off about your parents’ estate documents, trust that feeling. Will forgery happens more than you’d think, and Montana law gives you real options to fight back.
Common Red Flags That Suggest Forgery
What should you actually look for? Sometimes it’s obvious. Other times, you’re piecing together small details that don’t quite add up.
- The signature doesn’t match your parents’ handwriting
- Your parent supposedly signed the will when they were severely ill or mentally incapacitated
- Someone changed the will right before death under weird circumstances
- A caregiver or new acquaintance suddenly becomes the primary beneficiary
- The witnesses can’t be located, or their identities don’t check out
- The document lacks proper notarization or witness signatures
None of these alone proves forgery. But they’re legitimate reasons to dig deeper.
Understanding Montana’s Will Requirements
Montana doesn’t mess around with will requirements. The testator (that’s the person making the will) must sign the document in front of two witnesses who also sign. Pretty straightforward. But here’s where it gets tricky: those witnesses can’t be beneficiaries under the will. If these basic requirements weren’t met, the will might be invalid regardless of whether anyone forged anything. Billings probate litigation lawyers will examine whether the will meets Montana’s legal standards before anything else. Sometimes what looks like forgery is actually just a document that was never valid to begin with.
What Counts As Will Forgery
Forgery isn’t just faking a signature. It includes creating an entirely fake document, adding pages to a legitimate will, or pressuring someone to sign through fraud or undue influence. Montana courts take all of these seriously, but proving them? That’s on you. You’ll need to show the court that the will isn’t authentic or that your parent didn’t have the mental capacity to understand what they were signing. The burden of proof falls squarely on your shoulders.
Your First Steps When You Suspect Fraud
Don’t wait. Montana has time limits for challenging a will, and every day you delay can hurt your case. Start gathering evidence. Do previous versions of your parents’ wills exist? Find them. Collect medical records that show your parent’s mental state around the time the suspicious will was signed. Talk to family members, friends, or neighbors who might’ve witnessed unusual behavior or pressure from certain individuals. You’ll also want copies of the disputed will and any related documents filed with the probate court. These are public records in most cases, which means you can access them.
The Legal Process Of Challenging A Will
Challenging a will means filing a will contest in probate court. Sounds simple enough. But you’ll need what’s called standing to contest, which typically means you’re a beneficiary under a previous will or an heir who would inherit under Montana’s intestacy laws if no will existed at all. Silverman Law Office, PLLC can help you figure out whether you’ve got grounds to move forward. The court will examine evidence from both sides. That might include handwriting analysis, witness testimony, and medical expert opinions about your parents’ capacity when they signed.
What Happens If You Prove Forgery
Let’s say you win. The court determines the will is forged or invalid. It gets thrown out entirely. Then what? The court looks at whether an earlier valid will exists. If your parent had a previous will that meets Montana’s requirements, that document governs the estate instead. Problem solved, at least legally speaking. If no valid will exists at all, your parents’ estate passes according to Montana’s intestacy laws. This means the state determines who inherits based on family relationships. Not ideal, but it’s better than letting a forged document stand.
The Role Of Handwriting Experts
Forensic document examiners can compare the signature on the disputed will against known samples of your parents’ handwriting. They look at pen pressure, letter formation, spacing, and other characteristics that are genuinely difficult to fake convincingly. Handwriting analysis isn’t foolproof. But it carries real weight in court when performed by qualified professionals. Billings probate litigation lawyers work with these experts regularly during will contests, so they know who’s credible and who isn’t.
Protecting Yourself During The Process
Will contests can get ugly fast. Family members turn on each other. Long-buried resentments surface. Document everything you can. Keep copies of all communications. Save emails and text messages. Write down conversations with witnesses while they’re still fresh in your memory, because details fade faster than you think. Be prepared for the emotional toll, too. Challenging a will often means confronting family members or caregivers you once trusted. That’s painful. Sometimes it’s necessary to honor your parents’ true wishes, but it won’t feel good.
Moving Forward
If you genuinely believe your parents’ will was forged, don’t ignore that instinct. Montana law provides remedies for fraudulent estate documents, but only if you act within the legal timeframes. An attorney can review your situation, assess the strength of your evidence, and explain your options honestly. You won’t be pushed toward litigation you don’t want, but you deserve to know where you stand and what’s possible.