Fraudulent Will Lawyers in Maryland and Washington, D.C.
What Is Considered Fraud in a Will?
Under Maryland Estates & Trusts Code § 1-101 and D.C. Code § 18-102, fraud in a will generally involves intentional deception to alter the distribution of a person’s estate. This can include:
- False representations made to the testator (the person creating the will) to influence their decisions.
- Concealment of material facts, such as hiding the existence of heirs or prior wills.
- Inserting false provisions into the will after it was signed.
Unlike mere disagreements over inheritance, fraud requires an intent to deceive and should result in a change to the distribution of the estate that wouldn’t have occurred otherwise.
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Forgery can be shockingly difficult to detect without legal expertise. In Maryland and D.C., a forged will means either the signature of the testator is not genuine, or pages or provisions were added, altered, or replaced after signing without proper execution.
Some red flags include:
- Handwriting inconsistencies between the will and known signatures.
- Lack of witnesses or unclear notarization.
- Abrupt or dramatic changes to beneficiary designations.
- Isolation of the testator shortly before the will's creation, often controlled by one person.
In both jurisdictions, wills should meet strict witnessing requirements: two witnesses in Maryland (§ 4-102) and D.C. (§ 18-103) and any deviation can render the document invalid.
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This is a criminal offense. In Maryland, under Criminal Law § 8-602, forging a will can lead to up to 10 years in prison. In Washington, D.C., will forgery is considered a felony under D.C. Code § 22-3241 and can carry substantial prison time, fines, and restitution.
In civil court, a forged will can be declared void, and the estate may revert to distribution under intestacy laws or a prior valid will. What’s more, the person responsible may be disinherited or forced to repay wrongfully received assets.
How to Prevent Forgery When Making a Will?
The best way to prevent forgery or challenges is to make your will veteran fraudulent will lawyers in Maryland and Washington, D.C. With 20+ years of experience, Colbert Law Firm ensures:
- Proper execution with two disinterested witnesses.
- Clear drafting free from ambiguities.
- Secure storage of your will, including filing with the Register of Wills in Maryland or the D.C. Superior Court Probate Division.
We also encourage video documentation of will signings to show the testator’s mental state and voluntary action.
What Is Undue Influence in a Will?
Undue influence occurs when someone exerts such pressure over the testator that their free will is overpowered. As a result, the will doesn’t reflect their true intent.
In Maryland, courts apply the Burden-Shifting Framework established in Brown v. Hebb, 167 Md. 535 (1934), requiring a confidential relationship, suspicious circumstances (e.g., a beneficiary drafting the will), and benefit to the influencer.
On the other hand, in D.C., undue influence is analyzed under similar principles. It involves showing that the testator’s free agency was compromised (In re Will of Washington, 412 A.2d 1106 (D.C. 1980)).
What Happens After Proving Undue Influence?
If undue influence is proven:
- The will may be partially or entirely invalidated.
- The estate may pass under a prior will or by intestacy, depending on the circumstances.
- In some cases, civil penalties may be imposed on the person who exerted undue influence.
A successful claim always requires substantial evidence, including medical records, witness testimony, and expert analysis of the testator’s mental capacity and vulnerability.
What If You’re Falsely Accused of Undue Influence?
False allegations of undue influence can damage your reputation and prevent you from receiving what the decedent truly intended for you.
At Colbert Law Firm, we vigorously defend clients against such accusations by demonstrating the testator’s independence and understanding, producing evidence of fairness and transparency in the estate planning process., and calling expert witnesses to attest to the testator’s mental competence and absence of coercion.
We act quickly to preserve evidence and assert your legal rights in probate court.
Why Hire Our Fraudulent Will Lawyers in Maryland and Washington, D.C.
Serving clients across Maryland and Washington, D.C., Colbert Law Firm provides comprehensive counsel in will contests involving fraud and undue influence.
Our team:
- Investigates suspicious wills, including signature analysis, witness interviews, and financial tracing.
- Litigates probate disputes, using a thorough understanding of local estate laws and court procedures.
- Defends beneficiaries and executors against wrongful allegations.
- Drafts and reviews estate documents to minimize the risk of challenges.
If you believe a will was forged or unduly influenced or if you’ve been accused, don’t wait. These cases are time-sensitive and fact-specific. Contact us today to schedule a confidential consultation with an estate litigation attorney in Maryland and Washington, D.C. who knows the law and will fight for what’s right.
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We proudly provide legal services throughout Maryland, including Prince George’s County, Charles County, Howard County, Anne Arundel County, Calvert County, Baltimore City, Baltimore County, Montgomery County, and in Washington, DC.
If you’re looking for a Washington law firm or a Maryland law firm, we’re here to help.