WINFIELD – A Putnam County man is suing his brother, claiming their late mother's last will and testament was a forgery.
On May 17, 2014, Lorene F. Melton died and on Jan. 29, a document purporting to be her last will and testament was recorded in the county, according to a complaint filed April 1 in Putnam Circuit Court.
Gary R. Melton claims the last will and testament was not executed by Lorene F. Melton and, instead, was executed by Paul T. Melton, or by someone acting on his direction.
Gary Melton claims at the time of the execution of the last will and testament, Lorene Melton was mentally and physically infirm and unable to ascertain her assets, her heirs at law or the material objects of her bounty.
Lorene Melton lacked the testamentary capacity necessary to execute the last will and testament, according to the suit.
Gary Melton claims if Lorene Melton executed the last will and testament, she was acting under the undue influence of the defendant.
Gary Melton is seeking for the last will and testament void; grant him a judgment against Paul Melton for damages incurred; and punitive damages with pre- and post-judgment interest. He is being represented by David O. Moye and Lisa M. Moye.
The case is assigned to Circuit Judge Joseph Reeder.
Putnam Circuit Court case number: 16-C-74