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Is it illegal for a husband to forge a wife’s signature on a…

Hi. Is it illegal...

Hi. Is it illegal for a husband to forge a wife’s signature on a 401k loan ?

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

California

Lawyer's Assistant: What steps have been taken so far?

None

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This 401k Account was my husbands Solo 401k Account, I am a trustee. I did not agree to the loan & did not sign the loan document. What do I need to do next!?

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Answered in 2 minutes by:
3/26/2018
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

Absolutely. Not only is it illegal, it is also a chargeable offence. Meaning he can face a criminal charge under California Penal Code 470 PC for forgery. It does not matter if the persons are related or not.

Now, it is up to the wife to file a criminal complaint, or not.

Alternatively, if she wishes to handle this matter without involving the authorities, she'd have to file a DECLARATORY JUDGMENT in civil court, asking the Court to void her signature, and prove that it was a forgery.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 4 months ago
Thank you. I am thinking of filing for divorce. Given this new information, what do I do first? Freeze accounts?
Customer reply replied 4 months ago
Can’t call right now; texting for now if possible.

You are most welcome.

I would first talk to an attorney face to face. Then, file for divorce and get an emergency order which freezes/limits use of the account(s) for both parties while the suit is pending.

I would also consider (a) filing a police complaint about the forgery, (b) filing a declaratory judgment in civil court, or, both.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 4 months ago
Thank you. Can I keep
Your contact info for future questions/guidance?

You are very welcome. Of course - feel free to ask me or any other expert anything else, at any time.

Good luck, and please don't forget to RATE my answer with five stars and then click SEND to submit that rating – it is the only way I get credit for my time with you – or, please use the SEND button to keep on chatting. "I strive for FIVE!"

Ely
Ely, Counselor at Law
Category: Legal
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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