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  1. #1
    Join Date
    May 2008
    Posts
    1

    Default Signing Deceased Father's Name to Business Documents

    My question involves criminal law for the state of: California

    In August my father passed away and left me with his business. I had to keep the shop running while I switched everything over to my name. I tried to open a business bank account, but the bank denied me until I was able to obtain a business license. So until then I used my dad's business account (same business name and everything) to pay for bills. Plus money was still going into that account directly from the shop.

    To do this I had to sign my dad's name because I couldn't afford for the bank account to close for any amount of time.

    Now my mom and her family are trying to blackmail me because they want money.
    I don't believe I did anything wrong and I would like to call the police on them, but I don't want to go to jail for committing fraud against my own business.

    So can I really get in trouble for this?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Did I Really Commit Fraud?

    You signed the name of your dead father to business related documentation and/or checks?

    That is fraud.

    However, since no one was materially hurt because of your actions, I find it hard to believe that charges would be pressed.

    Worth talking to an attorney, however.

    And then tell your family to sod off.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Did I Really Commit Fraud?

    I presume the estate is in probate? Did you inherit the business? It is very likely that the probate court will compel the family to sell the business and divide the proceeds among the heirs unless there is a will that gives some other direction.

    I agree that fraud may be difficult to prove unless it can be established that you are personally benefiting from the act (i.e. you are pilfering from the business without being permitted to). This is too complex an issue to deal with on your own and you could end up in a lot of trouble.

    Consult an attorney.

    - Carl

  4. #4
    Join Date
    Jan 2008
    Posts
    8

    Default Re: Did I Really Commit Fraud?

    Signing someone else's name is forgery. I should know, I got convicted of it and it's a huge deal. I had no idea until I was foolish enough to do it myself. If they wanted to prosecute, they could; however not sure if no money was lost and the victim isn't around, they may just let it go. However, to be sure, it's forgery and a very real crime.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Did I Really Commit Fraud?

    Forgery in CA generally requires an intent to defraud ... signing another's name is not, by itself, a crime here.

    - Carl

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Did I Really Commit Fraud?

    A few questions: Were all of your actions for the benefit of the business, or did you direct business funds or other assets to yourself? Can you fully account for all of your expenditures and other business assets? (Because the probate court can be expected to want an accounting, and may order certain assets restored to the estate based upon the estate plan.) Has the estate now been probated, with the court approving a distribution whereby you received the business assets?

    For anybody who wants to prevent this, small business owners need a business succession plan identifying how the business will be managed upon their death or incapacity and who will provide management services. Sometimes a durable power of attorney or living trust (or both in conjunction with each other) will suffice, but often a more detailed plan is beneficial. Huge numbers of small businesses fail upon the death of the original owner, because it takes too long to get a court to authorize somebody else to manage the business and for the new management to take over and get up to speed.

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