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lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25387
Experience:  Practicing criminal defense attorney
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Isnt it a crime to forge a power of attorney document? One

Resolved Question:

Isn't it a crime to forge a power of attorney document?
One heir did so to gift a car to another heir from the Estate one day prior to death of Principal.
What they did was type or copy the firstpage of a power of attorney, then used the last page of a very old defunct Will. They forgot to read the last page because it says it's from a Will. But the signatures fooled the DOLand the car was transferred.

DOL says they will put the title on hold for 15 days...
"Per examination of the documents in our imaging it would appear that we should have obtained further documentation. We can put a 15 day hold on this title while waiting for a court order to revert this title back into Estate. Please advise if you wish for a hold to be put on the record."

What is DOL saying here? They need a Court Order to put a clearly fraudlently-retitled car back into the Estate? Isn't that a crime? This heir is clever, they will just photoshop whatever is needed and say oops grabbed the wrong pages. How do I prove fraud? It's indicative of other thefts from the Estate.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  lwpat replied 5 years ago.
Thank you for your question and for using JA.

Has probate been opened? If so who is the executor? What relationship are you?
Customer: replied 5 years ago.
Probate has been opened. A Petition was brought to Court to require PR to provide an actual financial accounting (PR has refused for 8 months). The Judge ordered an accounting for PR but not as Attorney in Fact because PR's lawyer whined "they only did one thing as AiF". For some reason the Judge didn't read the Petition, and didn't "get" that the transfer was fraudulent.
The PR was the person who used the fake PoA to gift a car to a favored sib.
I am another heir. The Will calls for equal division of Estate.
Expert:  lwpat replied 5 years ago.
It appears that you can file suit against the PR of the estate in their individual capacity and not as PR for a fraudulent transfer and also against the heir that received the vehicle for unjust enrichment and fraud since they did not pay for the vehicle. They were not the PR at the time so you can sue them outside of the probate proceeding and probably in small claims court.
Customer: replied 5 years ago.
Insofar as consideration of legal fees (i.e. who pays), would presenting this offer from DOL to put a hold on title, implicate the PR and thus cajole the judge into requiring PR to pay my legal fees (for forcing me to bring a Petition due to PR's repeated refusals to provide any financial statements as well as this forged PoA document?)

When this went to court, all the PR's attorney did was beat up on me personally all to keep the focus off PR's resistance at providing an accounting. He was ordered to provide that but I feel really beat up on and that was utterly unfair, loads of slander by his lawyer, all untrue...

So the other question besides using the DOL letter to help me get my legal fees back with the judge is...
"Doesn't anybody care about perjury in Probate Court?" What is the penalty or perjury?
Expert:  lwpat replied 5 years ago.
Unfortunately people lie in court all the time and I have never really seen anything done about it. You just have to be prepared to destroy their credibility with the judge. Anytime you go into court without an attorney you are at a disadvantage. If you file a lawsuit against the PR for breach of his fiduciary duty as a POA, you can ask the judge to give you your attorney fees. The award of attorney fees is at the complete discretion of the judge.
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