Forged Documents

[Robert020275]

Jurisdiction

Massachusetts

Good afternoon,

It's come to my attention that my attorney forged my signature on some documents in the process of probating my mother's estate. They are papers I would have willingly signed, but the attorney forged my name in order to conceal the fact that she had sat on these documents far longer than I was lead to believe. I was told the documents were submitted to the court months prior, but later found out they were only recently submitted.

Since the attorney had insisted they were in the court's hands months prior, when the need for a signature arose, they felt they couldn't come to me and ask, so they signed for me. At this point the docket is closed.

Now my question is are these documents entirely invalid? Can I contact probate, explain the situation and replace the forms in question with legitimate forms with my signature? My concern, while highly unlikely, is that a creditor comes out of the woodwork beyond their time to file, and after the estate has been divided and has cause to claim the probate of the estate is entirely invalid since it is based on forged signatures, or that a relative or someone who thinks they had a claim to property that is part of the estate could show up and claim the same thing.

Should I refile the entire packet, call probate and explain, or is it valid paperwork as long as I say it meets the intent of my request and I would have signed it anyway.

 

[army judge]

Now my question is are these documents entirely invalid?

Perhaps, but only the court can make a judicial determination regarding the alleged, forged signature.

Can I contact probate, explain the situation and replace the forms in question with legitimate forms with my signature?

I doubt it'll be that easy, or if that is even possible.

Should I refile the entire packet, call probate and explain, or is it valid paperwork as long as I say it meets the intent of my request and I would have signed it anyway.

What you describe quite possibly will work.

Bottom line, mate, do you relish turmoil and torment?

If I were you, I'd keep my yapper closed and enjoy the peace and tranquility of my life.

 

[Robert020275]

Thank you, army.

Under normal circumstances, I'd agree on just being quiet if no harm was done. The problem is the delays she caused damaged me monetarily. The truth on the signature is going to come out if I seek legal remedy. While she was busy delaying filing the paperwork, we were spending upwards of $2,500 per month to keep my mother's mortgage current since the house couldn't be dispensed without the court filing completed. This is money that came out of our savings, and when that was gone, came out of our retirement.

 

[Tax Counsel]

Thank you, army.
While she was busy delaying filing the paperwork, we were spending upwards of $2,500 per month to keep my mother's mortgage current since the house couldn't be dispensed without the court filing completed. This is money that came out of our savings, and when that was gone, came out of our retirement.

That mortgage payment should have freed up more equity in the home, which would mean more money for the estate when the house sold. If the house was underwater from the get go then nothing should have been spent on the mortgage payments by you or the estate as that's just more good money thrown away.

 

[army judge]

Thank you, army.

Under normal circumstances, I'd agree on just being quiet if no harm was done. The problem is the delays she caused damaged me monetarily. The truth on the signature is going to come out if I seek legal remedy. While she was busy delaying filing the paperwork, we were spending upwards of $2,500 per month to keep my mother's mortgage current since the house couldn't be dispensed without the court filing completed. This is money that came out of our savings, and when that was gone, came out of our retirement.

You're welcome, mate.

If things went way off the tracks, you might consider filing an ethics complaint with the state bar association.

What You Should Know before Filing a Complaint
All attorneys admitted to practice in Massachusetts are governed by the Rules of Professional Conduct adopted by the Massachusetts Supreme Judicial Court. The purpose of the Rules is to set forth minimum ethical standards for the practice of law. It is the responsibility of the Board of Bar Overseers and the Office of the Bar Counsel to see that the Rules of Professional Conduct are followed.


Inquiries concerning the professional conduct of an attorney admitted to practice in Massachusetts may be initially handled by the Attorney and Consumer Assistance Program (ACAP) of the Office of the Bar Counsel. ACAP issues all complaint forms and can be reached at (617) 728-8750.


In order for an attorney to be found to have committed misconduct, it must be shown that his or her acts have violated the Rules of Professional Conduct. Charges of misconduct must be supported by the facts.


Examples of attorney practices clearly prohibited by the Rules include:


Serious neglect of a client's case or a client. Examples would be an attorney's failure to file papers or documents with the court within time periods prescribed by law, or unreasonable failure to communicate with clients on a timely basis.


Failure to account to clients, as required by the Rules of Professional Conduct, concerning the status of funds or property being held by the attorney.


Commingling, or failure to keep a client's funds separate from the attorney's own funds.


Use of a client's funds by the attorney for his or her own purposes.


Failure to reduce to writing the scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible. If the basis of the fee is a contingency, both attorney and client have to sign a written contingent fee agreement. A contingent fee agreement is an agreement between an attorney and a client stating that the attorney's fee depends in whole or in part on the lawyer's success on behalf of a client.


Engaging in work for a client notwithstanding the existence of a conflict of interest, as defined and prohibited by the Rules of Professional Conduct.
How to File a Complaint
Complaint forms can be obtained by telephoning the Attorney and Consumer Assistance Program (ACAP), as explained above, or by submitting a written complaint using the form available below. Because of the confidentiality requirements complaints cannot be accepted via e-mail. Send complaints to the address below.



Office of the Bar Counsel

99 High Street

2nd Floor

Boston, Massachusetts 02110

(617) 728-8750


What Your Complaint Should Contain

In order for the investigation to proceed, it will be necessary that you provide as many facts and as much documentation as possible. Although you may feel certain that the acts complained of constitute misconduct, a simple statement that misconduct has occurred is not enough. You should set forth the facts surrounding your complaint. Include dates, the nature of the legal matter, and specific information about what you feel the attorney did wrong. If you have documents, including a fee agreement, court papers, letters or notes, that you think are helpful to understand the complaint, send copies. DO NOT SEND ORIGINAL DOCUMENTS.



Clients should not hesitate to ask their attorneys about anything concerning their cases, including costs and fees. Before filing a complaint, the client should try to discuss the problem candidly and openly with the attorney. Clients may become dissatisfied with their attorneys for many reasons, but unless there is a violation of the Rules of Professional Conduct, discipline will not be imposed.



If you have any doubts about whether to proceed, ACAP will try to answer any questions you may have. The address and telephone number are listed above.


What Not to Expect
The Office of the Bar Counsel and the Board of Bar Overseers do not provide legal services or advice. If you wish to be referred to an attorney you might contact the Massachusetts Bar Association Lawyer Referral Service at www.masslawhelp.com or at (617) 654-0400. The attorneys at the Office of the Bar Counsel do not and cannot represent you personally in the matters of which you complain.



Although an attorney may take corrective steps to avoid disciplinary action after he or she receives a complaint, the Board of Bar Overseers does not have power, for example, to compel an attorney to refund money or return files. The Board has only the power to discipline attorneys or recommend discipline to the Court.



You may have a civil claim against your attorney that can be pursued in the courts, a fee dispute that can be resolved by a bar association fee arbitration board, or a claim that will be considered by the Clients' Security Board. The Office of the Bar Counsel will tell you where to explore these other possibilities in appropriate cases.




Registration
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[zddoodah]

Now my question is are these documents entirely invalid?

Doubtful, but there's no way to know without fully reviewing the file.

Can I contact probate, explain the situation and replace the forms in question with legitimate forms with my signature?

Not sure what you mean by "contact probate." "Probate" is a process, not an entity that can be contacted. That said, you presumably have the ability to contact whomever you want. Whether anyone will care about this or accept forms with your actual signature to replace those signed by your attorney is not something anyone here can predict.

My concern, while highly unlikely, is that a creditor comes out of the woodwork beyond their time to file, and after the estate has been divided and has cause to claim the probate of the estate is entirely invalid since it is based on forged signatures, or that a relative or someone who thinks they had a claim to property that is part of the estate could show up and claim the same thing.

That your attorney signed your name to various documents certainly would not invalidate the entire process - especially when, as you said, you would have signed the documents yourself.

Should I refile the entire packet, call probate and explain, or is it valid paperwork as long as I say it meets the intent of my request and I would have signed it anyway.

Talk with your lawyer or another lawyer who can review the entire matter. That said, I can't conceive why you wouldn't leave well enough alone.

Under normal circumstances, I'd agree on just being quiet if no harm was done. . . . While she was busy delaying filing the paperwork, we were spending upwards of $2,500 per month to keep my mother's mortgage current since the house couldn't be dispensed without the court filing completed. This is money that came out of our savings, and when that was gone, came out of our retirement.

I have no idea what "the house couldn't be dispensed" means. However, if you paid the mortgage from personal funds, you should obtain or should have obtained reimbursement from the estate. I also agree with "Tax Counsel's" comments except there would not be a 1:1 relationship between increasing equity and the amount of payments.

If the amounts at issue are significant, then I encourage you to consult with another lawyer - especially if, as your post implies, you were the executor of the estate.

 

[Zigner]

Thank you, army.

Under normal circumstances, I'd agree on just being quiet if no harm was done. The problem is the delays she caused damaged me monetarily. The truth on the signature is going to come out if I seek legal remedy. While she was busy delaying filing the paperwork, we were spending upwards of $2,500 per month to keep my mother's mortgage current since the house couldn't be dispensed without the court filing completed. This is money that came out of our savings, and when that was gone, came out of our retirement.

You should be compensated for those expenditures from the estate.