What Should I Do if I Suspect Fraudulent Documents and Identity Theft Are Affecting My Inheritance During Probate? - Pennsylvania
The Short Answer
In Pennsylvania, suspected forged or fraudulent probate-related documents and identity theft can affect who inherits and what assets are available, and they can also trigger serious civil and criminal consequences. The safest approach is to have a probate attorney evaluate the suspected documents quickly and, where appropriate, raise the issue with the Orphans’ Court/Register of Wills and law enforcement so your rights are protected before assets are transferred.
What Pennsylvania Law Says
Fraud in an inheritance context often overlaps two areas: (1) probate litigation (disputes about what documents are valid and who is entitled to inherit) and (2) criminal/civil identity-theft and forgery laws (when someone uses another person’s identifying information or creates/uses forged writings to take money or property). Even if the probate court ultimately corrects the distribution, delays and improper transfers can be difficult to unwind without prompt legal action.
The Statute
The primary law governing identity theft is 18 Pa.C.S. § 4120.
This statute makes it a crime to possess or use another person’s identifying information without consent to further an unlawful purpose—conduct that can show up in probate when someone impersonates an heir, redirects estate funds, or opens/uses accounts tied to the decedent or beneficiaries.
Related Pennsylvania laws also commonly implicated in probate fraud include forgery—especially when the writing is or purports to be a will or other document affecting legal relations—under 18 Pa.C.S. § 4101.
If you are worried about a fraudulent deed or transfer involving estate property, you may also find this helpful: How Can I Set Aside a Fraudulent Deed on Estate Property in Pennsylvania?
Why You Should Speak with an Attorney
While the statutes provide the general rule, applying them to a probate case is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Some challenges have tight time limits depending on what is being challenged (for example, Pennsylvania imposes specific time limits to contest the validity of certain trusts after notice). See, e.g., 20 Pa.C.S. § 7754 (time limit for actions contesting validity of a revocable trust after required notice).
- Burden of Proof: It is not enough to “feel” something is off—courts typically require admissible evidence tying a specific person to a specific forged document, misrepresentation, or unauthorized use of identifying information.
- Exceptions and Strategy: Probate disputes can involve no-contest clauses, but Pennsylvania law can make those clauses unenforceable when there is probable cause. See 20 Pa.C.S. § 2521. Determining whether you have “probable cause” (and how to present it) is a legal judgment call that can materially affect your risk.
Trying to handle suspected fraud alone can lead to irreversible asset transfers, missed opportunities to preserve evidence, or procedural missteps that weaken your position. A probate attorney can coordinate the probate-court strategy with any necessary identity-theft/forgery response so you are not fighting on multiple fronts without a plan.
Get Connected with a Pennsylvania Attorney
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.