Questioned documents in Probate / Trusts

"It was because of you and your wonderful work. Everyone agreed that the writing was the grantors and the court entered and order affirming the changes on the trust. ... I will recommend you to anyone who needs hand writing analysis. I am so happy we found you."

Joan Grimes, Esq.

Walnut Creek, California

Questioned documents in probate and trust cases are usually complex cases as family members who have an intimate knowledge of the handwriting and financial affairs of the Decedent are often the culprits. If not family members, then friends, neighbors, religious leaders and just about everyone else. Other cases involve wills that suddenly surface after parents or relatives have died giving everything in the estate to the person who presented the will. Codicils to a will or amendments to a trust surface with terms that benefit the presenter. Guided hand and death bed signatures are another type of signature examiners are called upon to analyze.

Common Types of documents in Probate and Trust cases

Wills
Codicils
Holographic wills (handwritten by the testator)
Trusts and amendments to the trust
Deeds to property
Changes of beneficiary forms
Bank and other financial documents
Documents related to other assets of the estate such as in the transfer of vehicles

Ms. Fisher has extensive experience working on cases involving wills and trusts. Two case studies follow. The first involves a case where the simulators (persons attempting to copy the signatures or writings of persons from models of their signatures and writings) almost succeeded in successfully copying the known signatures of the Decedent and a trust document that was challenged by a beneficiary. Testing proved that the elder had made the changes to his trust.

Case Sample – Questioned Signature on a Newly Produced Will

The signature on a copy of the newly produced will looked like the genuine signature of the decedent. But why would the decedent sign a new will now giving everything to his nephew who had earlier attempted to burn down his home?

In the above case scenario, circumstances revealed two significant red flags:

First, the decedent had filled out a restraining order after the attempted arson incident.
Secondly, The decedent’s sister had filed a petition after the decedent’s death stating that there was no will.

These two red flags justified removing the questioned will from the court for testing and obtaining all the available handwriting standards, which included dozens of documents covering a period of more than 20 years.

Subsequent microscopic examinations and comparisons of each corresponding letter in the questioned signature and date eventually proved that they were not written by the decedent. A meticulous examination supported by demonstrative exhibits provided the proof that lead to a settlement of the case.

Case Sample – Did the Decedent Substitute a Critical Page in the Trust? Or was it His Son?

Not every document that is challenged turns out to be forged, fabricated or altered.

In a trust case, the question was whether a the critical page had been substituted. The answer came after collecting comparison standards that remained on the decedent’s computer. Testing the substituted page with one of the known valid documents provided probative evidence that the decedent had replaced the page himself.

QUESTIONED DOCUMENTS, SIGNATURES, AND WRITINGS IN FINANCIAL ELDER ABUSE CASES

Case Sample – Did the caretaker or the elder write the holographic will?

If the elder had written the holographic will, the caretaker would have inherited his multi-million dollar estate. The three known “W’s” of the elder at the top were captured, each letter was given a different color, and each was placed over the other using Adobe Photoshop. The three “W’s” of the elder contained distinct variations. The “W” at the upper left shows a loss of pen control. In contrast, the “W’s” in the holographic will dated close in time to the examples of the elder in the bottom image and in the writing of the caretaker contain very little variations. The width and curvature of each part of the “W” is almost identical. These similarities, along with others, provided evidence to support that the caretaker wrote the holographic will, not the elder.

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Testimonials

“Patricia is a consummate professional, thoroughly schooled in her profession, and one of the most composed witnesses I have every watched testify.”

— Michael J. McLaughlin, Esq.
Landlord – Evictions and Unlawful Detainer Actions

“Patricia Fisher was selected by joint agreement of my opposing counsel, who represented a government entity, and me, to conduct a questioned document examination to determine if a disputed signature on a document was that of my client, or another person who had denied signing the document. She performed the examination in a prompt fashion, and her ultimate conclusions were clearly and thoroughly explained and well-supported in a detailed report provided to both parties. Ultimately, her report let to an evidentiary hearing before an arbitrator where Ms. Fisher testified about her work, the opinions she reached concerning the signature, and provided the basis for those opinions. The arbitrator who presided over the matter found that Ms. Fisher’s work, ultimate conclusions, and testimony were entitled to great weight and made findings consistent with her opinions. I would not hesitate to call upon Ms. Fisher in the future and an objective and thorough analysis of a disputed signature.”

— Michael L. Rains, Esq.
Criminal Defense

““Our firm retained M. Patricia Fisher as an expert in a marital dissolution proceeding. A well respected trial judge (now retired) in the San Francisco Bay area who presided for several years in the “Complex Civil Trial” Department, found that Ms. Fisher’s analysis was more thorough than the opposing expert, more credible, and more worthy of belief. …

— Greg C. Abel, Esq.
Family Law

“Patricia Fisher’s initial review and opinion of relevant documents concerning the authenticity of a signature on a will resulted in my accepting a case in 2020 that was recently resolved very favorably for my client. Ms. Fisher’s expertise, dedication, insight and continued communication throughout the litigation were invaluable. I can’t express how truly grateful I am that Patricia Fisher was willing and able to provide her expertise. I whole heartedly recommend her.”

— Holley H. Perez, Esq.
Probate

“It was because of you and your wonderful work. Everyone agreed that the writing was the grantors and the court entered and order affirming the changes on the trust. I will recommend you to anyone who needs hand writing analysis. I am so happy we found you.”

— Joan Grimes, Esq.
Probate

“My firm retained Ms. Fisher to establish that certain key documents were not signed by my client. Her testimony during our jury trial was without a doubt critical to our success. Her demonstratives and clarity at trial were hugely beneficial for the jury. Thank you for your professionalism, expertise, and effectiveness.”

— Kyle Monte de Oca, Esq.
Legal Malpractice

“Trustworthy and reliable; Patricia was my hired expert in a recent trial and was able to help us prove our claims to the court even though we had a short deadline and a high burden to meet. I would work with her again and recommend hiring her.”

— Suzanne A. Tong, Esq.
Family Law

“I have personally worked with Patricia on a very complicated case that was litigated in Contra Costa County. She was of great help to my client and the Court in analyzing documents and giving testimony. She had a PowerPoint presentation that explained how she arrived at her expert opinion and conclusions. We were very fortunate to have her participate in this case. I highly recommend Fisher Forensic Documentary Laboratory and would use these services again.”

— Debra H. Kirk, Esq.
Family Law

“I just wanted to drop you a line to thank you and to let you know what a brilliant job you did. Clearly, you were very thorough and diligent in your methods and as a result, your testimony was delivered in terms that were clear and concise. I was remarkably impressed. I couldn’t have asked for a better witness.”

— Suzanne
Client in a probate case

“Because of her strong background in litigated matters, her tremendous work ethic in research and preparation, and her creativity, our firm classifies Patricia Fisher with the highest rating of any of the professional experts we deal with in these matters. She recently allowed us to prevail in a case against the adverse opinions of two other experts. Her testimony was so clear and forceful along with her excellent graphics that it essentially made the day for our position that the will was a forgery.”

– Stanley Pedder, Esq.
Probate
Lafayette, CA

“I thank you for the work you did. I thought it was brilliant.”

– Barbara R. Simon
Licensed Professional Fiduciary
San Francisco, CA

“You recently served as my expert witness in a will forgery case. The case was complicated by the loss of several originals by a third party, and a decline in health by the testator during the period in question.

You were of enormous assistance to me, not only in analyzing the documents in question, but also helping focus discovery and in obtaining appropriate handwriting samples from the witnesses and beneficiaries involved. Although the opposing party consulted three other document examiners, the case settled three days after I presented just a summary of your report.

You have earned the deep gratitude of my client and myself, and I recommend you without reservation for any questioned documents case.”

– Rick Seim, Esq.
Milpitas, CA

“Ms. Fisher provided excellent analysis in a very difficult and complex matter requiring the evaluation of many important amendments to a trust document which disinherited two parties of about $2 million in assets. Her testimony was particularly impressive and helpful when compared to the opposing expert. I strongly recommend her.”

– Bradley A. Bening, Esq.
San Jose, CA

“You have set the standard for what I expect of an expert – someone passionate, meticulous, knowledgeable, and of the highest integrity. Thank you so much for all your help in our case.”

– Ben E. Dupré, Esq.
Santa Clara, CA

“Ms. Fisher is one of the most intelligent, pleasant, and convincing experts we’ve ever used.”

– Mark Hooshmand, Esq.
San Francisco, CA

“Patricia Fisher is a highly competent, thorough and credible questioned document examiner. She is so well respected that the District Attorney called her as his witness before she even testified on my client’s behalf – and her testimony resulted in an immediate dismissal for my client. I cannot say enough good things about Ms. Fisher’s work.”

– Henry H. Doering, III
San Francisco Deputy Public Defender (retired)

“…the court agreed with your conclusion that the questioned signature on the guaranty at issue was not genuine. It was quite evident that, solely due to your testimony, we prevailed on that issue.

I was extremely impressed by your professional integrity, meticulous investigation and examination of the documents in question, and your demeanor on the witness stand. We were also very appreciative of your prompt turnaround time, and willingness to meet our scheduling demands.”

– John MacConaghy, Esq.
Sonoma, CA

“Patricia Fisher is one of the best forensic handwriting (document, paper, ink, impressions) experts I have ever used. Her report and trial testimony were very credible.”

– Jerome Blaha, Esq.
Pleasanton, California
Special Recommendation

“Allow me to take this opportunity to thank you on behalf of my mother whom you have assisted in testifying during the trial in San Jose with such dedication, accuracy, and professionalism. Our expert in Japan agreed with your analysis.”

– Dr. Iri Sato-Baran
Japan

WHY IT IS IMPORTANT TO WORK WITH AN ATTORNEY?

With few exceptions, Patricia Fisher works directly with the attorney or law firm, rather than with the individual client. This is important to protect the privilege for both the client and the case. Once Ms. Fisher has been listed as an expert, there is no longer a privilege. Everything is discoverable from the initial phone call. Working directly with the attorney Ms. Fisher can focus on the documents in question as the attorney knows the law and has certain confidential client attorney privileges. The attorney can obtain or subpoena any additional documents that will be necessary which an individual cannot do. Working with the attorney helps reduce potential bias. Individual clients usually want to tell their whole story to the document examiner not realizing that they are potentially eliminating the examiner from assisting them.

If your attorney has asked you to locate a document examiner, please make a brief call so that we can provide you the information your attorney will need.

Avoid telling the examiner your story.
Let the examiner ask you the questions that examiner believes are important.

We realize that when documents are at issue such as in financial elder abuse cases or child custody cases, the stories can be horrifying. However, a forensic document examiner’s job is to be objective and reduce any task unrelated information.

As an example, if you believe your brother killed your elder mother to get her money, this is unrelated information for the document examiner. On the other hand if you believe your brother forged your elder mother’s signature on a Deed of Trust, the task related information would sound like this, “We need a document examiner to determine if our elder mother signed the Deed of Trust.” Notice that you are not deciding the end result by saying, “We know our brother forged the Deed of Trust.” The latter is a discoverable statement that the opposing counsel can use against the examiner.