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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 8127
Experience:  since 1983
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Customer Question

My husband passed away in January of this year. We had been legally separated for 16 years, but had been married and living together for 23 years. Though his abuse was the reason for our separation, we became friends again a year or so later, and had an amicable relationship. I was the only family living near him when he passed away. We have 2 sons who live about 6 hours away. When I went to his home the day after he passed, his landlord barred me from the property, stating that my older son had called her and told her "all about me" and said that I was not to be allowed to come on to the property. No less than 4 people shook their fists, screamed at me and cursed me. 3 days later, while I was at the funeral home making arrangements, my son called the proprietor and revealed that he had "found a will giving him all rights to his father's remains, his property, and his banks accounts. I was then barred from viewing my husband with my children, and was told by my son that I was not welcome at his memorial service. He proceeded to make all of the arrangements, and my 2 sons refused to tell me the location or times for his service. No ashes were set aside for me. I was effectively cut off from all association with anything to do with his services. It was later determined that the will, which was witnessed by his landlord ( the same one who barred me from the property) and one other person, was a forgery. It was unmistakably determined to be the case by a very well qualified forensic document examiner.I am in possession of his report.
Upon our separation, our property was divided, leaving me no interest in his estate. But our son's treatment of me, for no apparent reason, has created an emotional state in which I have been in, or on the verge of, tears for the last 3 months. I have been having nightmares, and cannot seem to get my mind off of what has happened. I cannot believe that my son would treat me this way. I am also having a hard time coming to terms with the fact that he can apparently be involved in the forgery of a last will and testament, treat me as a completely insignificant person with respect to the memorial of his father, a man who has been a part of my life for over 40 years. Is it possible that he walks away from this with no consequences? This question comes to you from a devastated mom in California.
Submitted: 2 years ago.
Category: Family Law
Expert:  N Cal Attorney replied 2 years ago.
I'm sorry to hear this.

Have you filed a police report about the forgery?
Customer: replied 2 years ago.
No. I have not. I don't know what, if anything can be done about this situation. If I were to file a police report, would I lose all control over the outcome? I don't want to send my son to prison, but, as his mother, I don't want him to get away with this with no consequences. As for the landlords who supposedly witnessed the will, and threw me off the property, I have no qualms about their suffering any cosequences which might come their way. I believe that they are the ones who actually drew up the will. Although it could have been my son. He is 41 years old. Not a child anymore. I am appalled that he would go to these measures to gain control of everything. It has been a heartbreaking time. My husband's death came 2 days after I buried my father.
Expert:  N Cal Attorney replied 2 years ago.
I am really sorry to hear this.

"How sharper than a serpent's tooth it is. To have a thankless child!"
King Lear Act 1, scene 4.

You are correct, you would have no control once a police report is filed.

You could retaliate by disinheriting him, and/or you could sue them all for intentional infliction of emotional distress.

Suing them may just keep you dwelling on this and add to your stress and grief, but it is an option.

I hope this information is helpful.
Customer: replied 2 years ago.
From what I understand, a forgery can be handled as a felony or as a misdemeanor, depending on the circunstances. A month in county, or a few weekends picking up trash on the freeway would be good. I just need him not to walk away from this Scott free. Should I make an appointment with the D.A. to discuss the possible outcomes before filing a report? Would this situation, in your opinion costitute intentional infliction of emotional distress. It certainly fits the bill as far as I am concerned. As you can see, I am up at all hours trying to deal with this. I have lost 15 pounds....and on and on.
Expert:  N Cal Attorney replied 2 years ago.
I agree this is intentional infliction of emotional distress.

California Penal Code § 473. Forgery is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.
From
http://leginfo.ca.gov/cgi-bin/calawquery?codesection=pen&codebody=&hits=20

So you are correct, it can be treated as a misdemeanor but it is entirely up to the DA. The victim has no control over what charges get filed.

Filing a civil case may be more satisfying than seeing him sent to jail, and it gives you more control over what happens. Once you talk to a DA or a police officer, what happens is no longer under your control.
Customer: replied 2 years ago.
Thank you for your help. I appreciated the King Lear reference. It is nice just to have someone in the legal field validate my feelings at this point. My son was in theater from the time he was 12 years old. I went to most rehearsals and every performance of every show he ever did. So much for reaping the rewards of being an involved parent.
Expert:  N Cal Attorney replied 2 years ago.
Your feelings are valid and completely justified. I have no idea why he did this, and I don't know what else to suggest.
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 8127
Experience: since 1983
N Cal Attorney and other Family Law Specialists are ready to help you
Expert:  N Cal Attorney replied 2 years ago.
Thank you for accepting my answer, and thank you very much for the bonus!
Expert:  N Cal Attorney replied 2 years ago.
I do not understand why someone who posted a bonus would request a refund. Is there any part of your question that I failed to answer?
Customer: replied 2 years ago.
I was afraid they might get this wrong! Sorry about that. There was some wording in their response , "thanks for giving us a try", which made me think that they got the impression that I was not pleased. I had already planned on calling them today to make sure that my request for a refund today did not affect you in any way. I was very happy with our exchange, and you were very helpful, from a legal standpoint, as welll as being very supportive of my situation. The reason I asked for a refund is only because I am on the unlimited plan. I am charged monthly for the service, and am not charged for individual questions. I am not sure how they handle getting you paid in that situation, but I assumed that you were taken care of by the company. I added the bonus because I WAS happy with your response. Please get back to me and let me know how this reflects on you. I need to make sure that I cover all bases to undo anything they have done which gives any negative feedback to you personally. Thank you again for your help.
Expert:  N Cal Attorney replied 2 years ago.
If a customer requests a refund, it is taken away from the Expert. And that hurts the Expert who not only has to refund the money but it is factored into the company's decisions as to which categories an Expert is allowed to answer.

The Customer Support page is at
http://ww2.justanswer.com/contact-us
Customer: replied 2 years ago.
I am so sorry that the big, black raincloud that seems to be following me around lately has rained on YOUR parade! No matter how simple or well meaning something starts out, it all seems to turn into a complicated mess. So what do I need to do to straighten this thing out? I spoke with customer support this morning and pointed out to them that I had specifically stated in my refund request that it had NOTHING to do with you or your service, only that I had been essentially double charged. A mistake on their part. They assured me that things would be taken care of and that there would be no repercussions toward you. Is that the case? If not, please tell me what I can do ....another phone call, a letter, an e-mail again to customer service. I do NOT want their mistake to have any negative impact on YOU. You have been great. Again, sorry for the spillover from my apparently bad mojo. If you do not get paid what you are due, I will gladly take care of that if you tell me how to go about it at this point.
Expert:  N Cal Attorney replied 2 years ago.
I think the moderators are trying to undo the refund but I'm not sure yet. I have to assume they are trying to sort this out.

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