What happens when you suspect a forged will?

If you believe a will is forged, you are challenging both the will’s validity and its admission to probate. Nebraska handles wills and estate disputes in county probate courts. The usual goals when you suspect forgery are:

• prevent distribution under the forged document,
• get the document excluded from probate, and
• if appropriate, trigger a criminal inquiry into forgery.

Basic Nebraska law framework (where to look)

Nebraska’s probate statutes govern the admission of wills, contests, and probate procedures. For the complete statutory framework, review the Nebraska Probate Code: Neb. Rev. Stat., Chapter 30 (Probate). That chapter explains who is an “interested person,” how wills are admitted, and general contest procedures.

Who can challenge the will?

An “interested person”—typically heirs, beneficiaries under earlier wills, the surviving spouse, or creditors—can challenge a will. If you expect to receive under intestacy or under an earlier valid will, you generally qualify to bring a contest.

Legal grounds to challenge a will for forgery

Common legal grounds relevant to a forged will include:

• Forgery or fraud: The signature or entire document was fabricated or procured through false pretenses.
• Lack of testamentary intent or capacity: The decedent did not intend the words to be his/her will or lacked the mental capacity to make a valid will.
• Improper execution: The will was not signed and witnessed as Nebraska law requires.

Proving forgery usually requires direct and circumstantial evidence—handwriting analysis, witness testimony, contemporaneous records, or confessions.

Step-by-step practical actions to challenge a suspected forged will

1. Act quickly to protect estate assets. If a probate petition is filed or the personal representative is moving assets, contact the probate court clerk and ask how to file an objection or caveat. The court can sometimes issue temporary orders to preserve assets while the matter is resolved.
2. Get important documents and evidence. Obtain a copy of the will and any related probate filings. Secure the decedent’s original will if possible. Collect bank records, prior wills, medical records, and correspondence that show who handled the decedent’s affairs.
3. Identify witnesses and potential perpetrators. Write down who witnessed the will signing, who had access to the decedent near the end of life, and anyone who benefited unusually. Locate witnesses and ask them for a written statement about what they saw or heard.
4. Use document examiners and experts. For suspected forgery, hire a qualified forensic document examiner to compare the questioned signature and handwriting to known exemplars. Also preserve any digital evidence (emails, phone records, scanned copies).
5. File a will contest in the proper county probate court. If a will has been offered for probate, you generally file an objection or a petition contesting its validity in the county where the decedent lived. The contest initiates discovery (depositions, document requests) that can uncover proof of forgery.
6. Seek emergency relief if necessary. If assets may be dissipated, ask the court for temporary injunctive relief or a temporary restraining order to freeze distributions until the contest resolves.
7. Consider involving law enforcement. Forgery of a will is a crime. If you have clear signs of criminal fabrication, you can report the matter to local law enforcement or the county attorney. Criminal proceedings run separately from probate contests but can produce helpful evidence.
8. Prepare for trial or settlement. Many will contests settle after discovery. If trial is necessary, be ready to present expert testimony, witness statements, and documentary proof to show the will is not genuine.

Burden of proof and what the court looks for

When the issue is forgery, the person seeking to admit the will must normally show that the will is validly executed and genuine. If you prove the signature or document is forged, the court will refuse to admit the document. The court reviews the totality of the evidence: signatures, witnesses, the circumstances of execution, and testimony about the decedent’s capacity and intent.

Possible outcomes

• The court finds the will forged and refuses to admit it. The estate then proceeds under an earlier valid will or intestacy rules.
• The court admits the will after rejecting the forgery claim—often after the contestant fails to prove forgery.
• The matter settles, with parties negotiating a distribution or other resolution.
• Criminal charges may follow if authorities determine a forgery occurred.

Hypothetical example

Imagine a decedent had a 2010 will leaving most assets to family A. After the decedent’s death, someone files a 2024 will leaving everything to person B. The 2024 document lacks credible witnesses and appears on paper unfamiliar to the decedent’s regular attorney. An interested heir who expected to inherit hires a document examiner, collects the decedent’s medical records showing cognitive decline, files an objection in the county probate court, and asks the court to freeze transfers while discovery proceeds. The examiner’s report and witness testimony support a finding of forgery, and the court refuses to admit the 2024 document.

How to find and work with a Nebraska attorney

Look for attorneys who regularly handle probate litigation and will contests. Ask about their experience with forgery cases, use of forensic examiners, fee structures, and case timelines. If cost is a concern, ask whether the attorney will take the case on contingency or provide limited-scope help for initial filings.

Helpful Hints

• Do not destroy or alter any original documents you find. Preservation is crucial.
• Get certified copies of the death certificate and any prior wills from attorneys or the court clerk.
• Collect exemplar signatures (checks, prior signed documents) to help a handwriting examiner.
• Document and date all conversations with witnesses and those who handled the decedent’s affairs.
• Ask the probate court clerk how to file a formal objection; small procedural errors can affect your rights.
• Consider both civil contest and criminal reporting—criminal evidence can support your civil case.
• Keep communications professional and avoid threats or public accusations that could complicate court proceedings.
• Time matters—act promptly to preserve claims and evidence.