What should I do if I agree with over turning my uncle’s last will that I signed? 25 Answers as of December 26, 2013

I witnessed and signed my uncle’s last will in front of his attorney in attorney’s office while my uncle was in coma in the hospital. There are infants involved in this will and the court appointed a guardian for the infants, I was contacted by the guardian and asked if I was there in the room with my uncle when this will was written and I said yes. Now this last will should be over turn for the best interest of the children and I got a subpoena for form 1404 in court. My question is should I say the truth now that I was not in the hospital room with my uncle when I witnessed this will or should I stick to my lie? I agree with over turning the will because it’s for the best interest of all family.

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Strickland Law, PLLC
Strickland Law, PLLC | Jeffrey S. Strickland
First and foremost, tell the truth. You need to retain counsel to represent you.
Answer Applies to: Tennessee
Replied: 1/24/2014
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, you should tell the truth. Lying may make you liable for criminal and/or civil penalties.
Answer Applies to: Maryland
Replied: 12/26/2013
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
contact an attorney immediately.. The will is invalid... and the attorney who wrote it should get in a lot of trouble.. and you could get penalized for perjury if you do not tell the truth. J
Answer Applies to: Michigan
Replied: 12/20/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
It?s not up to you to decide what?s best for the family. Perjury is a felony! Why would you even ask this question?
Answer Applies to: California
Replied: 12/20/2013
Attorney at Law
Attorney at Law | Frances An
Tell the truth. A lie would only hurt you.
Answer Applies to: California
Replied: 12/20/2013
    Law Offices of George H. Shers | George H. Shers
    You should tell the truth. The attorney who had you sign will likely tell the truth which would contradict any lie you might give. The court is probably going to believe the attorney over you.? What of the?other signer of the Will [if not the attorney]. Is there a prior Will? If the judge is unsure if the Will is valid or not, he may strike it.
    Answer Applies to: California
    Replied: 12/20/2013
    The Bryan Law Firm, L.L.C.
    The Bryan Law Firm, L.L.C. | Douglas L. Bryan
    I'm sorry, but I can never recommend lying under oath, especially in court. The attorney who allowed this to happen may very well be subject to discipline and/or may have committed malpractice.
    Answer Applies to: Louisiana
    Replied: 12/20/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If you are required to testify under oath, any "lie" is perjury. I surely would not advise a person to lie under oath.
    Answer Applies to: Minnesota
    Replied: 12/20/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You must tell the truth. I urge you to speak with legal counsel. You may have perjury issues, etc. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
    Answer Applies to: Nevada
    Replied: 12/20/2013
    Donald T. Scher & Associates, P.C.
    Donald T. Scher & Associates, P.C. | Donald Scher
    You should tell the truth, that you did not witness your uncle sign the Will. The lawyer should never have asked you to sign the document and the notary should not have notarized your signature either.
    Answer Applies to: Arizona
    Replied: 12/20/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    As an officer of the court I can never instruct someone to lie to the court. I suggest you think long & hard on your actions.
    Answer Applies to: Florida
    Replied: 12/20/2013
    Goldstein and Peck. P.C.
    Goldstein and Peck. P.C. | William J. Kupinse, Jr
    From a legal standpoint, it is always better to tell the truth even if to do so requires correcting a previously stated untruth. We leave without discussion the moral implications of telling lies and the philosophical questions as to whether or not it is ever appropriate to shade the truth in some fashion.
    Answer Applies to: Connecticut
    Replied: 12/20/2013
    Frederick & Frederick PLC | James P Frederick
    You should not lie, especially in court. If the Will was not properly executed, then it should not stand. The Will is supposed to reflect the intent of the decedent; which is not necessarily the intent of the family.
    Answer Applies to: Michigan
    Replied: 12/20/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    You should tell the truth as to whether you were or were not in the room, as a signed witness, at the signing of your uncle's will; here is why: You may be charged with a crime of promoting a fraud upon the estate of the deceased and the court, and go to jail.
    Answer Applies to: California
    Replied: 12/20/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Form 1404? You're not in Oregon, are you? In Oregon, and in many places, a person (your uncle) makes a last will and testament. That's what that person wants. End of story. If you and one other person witnessed YOUR UNCLE signing the will, intending that it be his last will and testament, then it is, and the family should live with the terms of that will. Your question makes it sound like your uncle was in a coma, and didn't sign. In that case, in Oregon, it's not his will at all. I don't know what the document is.
    Answer Applies to: Oregon
    Replied: 12/20/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    Tell the truth. It is the right thing to do.
    Answer Applies to: Oregon
    Replied: 12/20/2013
    Gates' Law, PLLC | Thomas E. Gates
    You should tell the truth.
    Answer Applies to: Washington
    Replied: 12/19/2013
    Attorney At Law | James G. Maguire
    You would be commiting perjury if you lie in court.
    Answer Applies to: Louisiana
    Replied: 12/19/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    You need to tell the truth.
    Answer Applies to: Michigan
    Replied: 12/19/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Never, ever lie in court. Ever.
    Answer Applies to: Idaho
    Replied: 12/19/2013
    Danville Law Group | Scott Jordan
    You should always tell the truth. If called to testify in court, you will be sworn in. If you don't tell the truth, you can be prosecuted for perjury and sent to jail. The statement you told the guardian, I presume, was not under oath so, while a lie, you cannot be prosecuted for it. I am really curious how your uncle signed his will while he was in a coma.
    Answer Applies to: California
    Replied: 12/19/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    It is a criminal offense to lie under oath. Stick with the truth, and let the chips fall where they may. If you have already lied under oath, you should ask a criminal attorney for advice IMMEDIATELY.
    Answer Applies to: Texas
    Replied: 12/19/2013
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    No attorney is going to advise you to lie to the court under oath.? You should retain an attorney to advise you directly.
    Answer Applies to: Illinois
    Replied: 12/19/2013
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