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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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Just found out my name was forged on document in 1997 1998

Customer Question

Customer: Just found out my name was forged on document in 1997 1998 in which my family used to commit mortgage fraud conspiring with help of ex-husband. And sisters took out mortgages on apartment building we owned together in partnership. In 2001 my father told me that my house was going on auction. If I would go to lawyers office and sign %25 partnership over to him he'd bid on house and when he was paid back he'd return partnership interest to me. Immediately after signing I started receiving eviction notices from him. I had 5 small children . Husband had left and was ill and depressed. then 2004 they had my son bring me to lawyer stating that Dad was giving me back interest in partnership but placing in trust with spendthrift clause to pay my bills so my husband or creditors could not take it. To make a long story short I was not allowed to read trust agreement and on 7-12-2005 received registered letter stating I would not receive another penney it would be used to pay expenses on house I was living in and pay back money due to dad. @011 I received letter they would give me $1000 a month to pay my bills. Well Dad died June 5, 2014 and sisters made me pay cash for taxes,homeowners, sewer and water. I used a lawyer to obtain 1st accounting of trust. They wrote check for 10 years forging my name. Self-dealt and even claimed cars they bought me which was aa lie. Now I'm inheriting almost $800,000 and almost 3 million of property in LLC's with sisters and they claim they are placing in testamentary trust. I have proof of tax fraud , embezzlement, fraud and forgery. They are saying I can stay in my home and they'll give me allowance each month if I sign waiver of all past wrongs and they'll step down as trustees and have someone from bank take their place. Feel like it's blackmailing me. What are my rights
JA: Thanks. Can you give me any more details about your issue?
Customer: To be totally honest I'm in middle of court case where I have contested . I have invested nearly $20,000 to a lawyer and $1000 to forensic accountant which has agreed to money embezzling and forgery . All of a sudden I receive e-mail stating their lawyer met with my lawyer and my lawyer agreed to waiving all past wrongs without my consent. Then he suddenly tells me the most he can do is have sisters step down as trustees. Says its hard to prove fraud. They even kept the property in my name from 2001 till 2004 and filed taxes in my name which caused me fines. They even use trust money in accounting of trust to pay the fines and redo my taxes without my permission from year 2003 when their was no trust
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Submitted: 12 months ago.
Category: Legal
Expert:  CalAttorney2 replied 12 months ago.

Dear Customer,

I am sorry to learn of this situation.

Please do keep in mind, this is a "general information forum" so I can answer general legal questions, but I cannot give you specific legal advice or instruction.

Based on reading your conversation above, it appears that you have just entered into the first steps of litigation (I know that $20,000.00+ of legal fees seems like a lot, but civil litigation is very expensive). I don't know what type of agreement your attorney has made (they don't have any authority to actually enter into a settlement on your behalf), but if you aren't confident with your lawyer, you have every right to find a new one.

But, before you go lawyer shopping (it is expensive and it makes it hard to litigate a matter if you are constantly shifting counsel), start by sitting down and talking to your attorney.

  • I do agree, fraud is very hard to prove - even if the fraud is apparent to you, it is hard to prove in court (this is true for many reasons, most importantly the rules of evidence).
  • However, just because fraud is hard to prove doesn't mean that it cannot be alleged, litigated, and used as leverage to achieve a settlement position that you want.
  • One thing I note in your brief post above that would be very concerning to me as your attorney is that you apparently signed many documents without reading them. This makes it very difficult to litigate your matter, as there is a presumption that individuals have read documents that they signed.

Speak with your attorney though - come up with a strategy to resolve this matter (there appears to be a large sum of money, some properties, and the control of the trust - all at issue). There has to be some room here to negotiate a settlement that will work with you - but you must be involved in coming up with parameters that will work with you (your attorney can then negotiate a settlement for you that addresses these parameters, but you they should not be bringing you a "pre-determined" settlement that was reached without your input).

But bot***** *****ne - if your attorney isn't looking out for your best interests, find a new one (quickly). It may cost more money to hire a new lawyer, but you will save money in the long run by having a lawyer that is more aggressive in representing your needs.

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