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  1. #1
    Join Date
    Mar 2008
    Posts
    176

    Default Using A Handwriting Expert To Challenge A Will

    would i need to obtain a handwriting expert to prove a signature on a will is not valid? i have the medical power of attorney forms that has the real signature on it and it is completely different than the will. is it really necessary for one?

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Handwriting Expert

    Quote Quoting momm2500
    View Post
    would i need to obtain a handwriting expert to prove a signature on a will is not valid? i have the medical power of attorney forms that has the real signature on it and it is completely different than the will. is it really necessary for one?
    Depends on who wants to prove or disprove it? An authority/expert is not necessarily required for authentication, but it is usually given great weight by a court, yes.

    You did not list your state, but this is from the Federal Rules of Evidence, your states may or may not be similar:



    Rule 901. Requirement of Authentication or Identification

    (a) General provision.

    The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.

    (b) Illustrations.

    By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this rule:

    (1) Testimony of witness with knowledge. Testimony that a matter is what it is claimed to be.

    (2) Nonexpert opinion on handwriting. Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Handwriting Expert

    you need whatever it takes the courts to determine it is real or a forgery.

    a handwriting expert would surely be a good thing but depending upon the amount of money involved, it may not be worth it. Your call on that.

  4. #4

    Default Re: Handwriting Expert

    Please try to keep all of your questions in the same thread for contex.

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