Crime description

[DreamCloud]

If you fraudulently replaced a will to gain the inheritance, what crimes have you committed?

Forgery is obvious. I would think there would be other violations if the false will is enacted.

 

[someoneyouknow]

Fraud comes to mind.

 

[redzinger]

Theft - intention to permanently deprive the rightful owner.

(I know nothing about US law though. )

 

[Zeb_Carter]

It's fraud. Actually most likely felony fraud. Also might have an associate charge of felony theft. Big trouble though. Big trouble.

 

[Hypoxia]

Don't get caught. A couple of relatives recently considered replacing a deceased's later will with an earlier version more favorable to them. NOBODY else knew of the later will. But they had an attack of conscience and let things be. Thus some oxygen-wasters received a small share of the not-huge estate. Would the replacement have been detected? Likely not, but who knows?

 

[Zeb_Carter]

Don't get caught. A couple of relatives recently considered replacing a deceased's later will with an earlier version more favorable to them. NOBODY else knew of the later will. But they had an attack of conscience and let things be. Thus some oxygen-wasters received a small share of the not-huge estate. Would the replacement have been detected? Likely not, but who knows?

Actually, it probably would. There is always one person who knows which will is the current one...the deceased lawyer. There is always, in most states, a copy filed with the court at the time it's written. So it would most likely come to light sooner or later.

 

[R. Richard]

If you fraudulently replaced a will to gain the inheritance, what crimes have you committed?

Forgery is obvious. I would think there would be other violations if the false will is enacted.

It's not forgery. Nothing was forged. it's fraud.

 

[Weird Harold]

It's not forgery. Nothing was forged. it's fraud.

The replacement Will would have to be forged and the signature of the deceased would have to be forged also.

So, forgery, Fraud, and theft. Possibly, Conspiracy as well because it would be difficult to do alone.

 

[Hypoxia]

Actually, it probably would. There is always one person who knows which will is the current one...the deceased lawyer. There is always, in most states, a copy filed with the court at the time it's written. So it would most likely come to light sooner or later.

In this case, the deceased had no lawyer and I'm not sure their holographic wills were even notorized. The relatives (one of whom was formerly a VERY senior executive in the financial sector) were quite certain any replacement would go unnoticed. But they decided to respect and honor their parent's wishes.

 

[DreamCloud]

Thank you! I am at the end of a story and suddenly wished I had greater legal knowledge. The FBI had to say something besides, "you're under arrest for being a bad human."

 

[Zeb_Carter]

You could have always cited the penal code, I've heard it done, confusing the hell out of the person being arrested.

 

[Zeb_Carter]

In this case, the deceased had no lawyer and I'm not sure their holographic wills were even notorized. The relatives (one of whom was formerly a VERY senior executive in the financial sector) were quite certain any replacement would go unnoticed. But they decided to respect and honor their parent's wishes.

So how long was the will held up in probate? Usually wills not notarized or filed by a lawyer, go through probate court.

 

[49greg]

It's an interesting scenario. I'm sure Perry Mason handled such things on screen and in the books. Along with many other fictional detectives/lawyers.

It depends on the state (in the US) but I think that in many, a hand written will on an otherwise blank paper, in the diseased's handwriting and with signature counts for a will even without a lawyer or court. Especially if no one contests it! Or so I've heard.

Everyone would contest mine, and I have nothing to give LOL, but my handwriting sucks anymore. Really really bad.

 

[DeYaKen]

If you fraudulently replaced a will to gain the inheritance, what crimes have you committed?

Forgery is obvious. I would think there would be other violations if the false will is enacted.

Can't say about the US but over here we have a number of offences covering that.

Fraud, obviously

Theft,

Obtaining goods and services by deception is another (usually used against con men/women)