Man confesses to creating fraudulent will, family says

Family feud over fraudulent will

BELFAST, Maine (NEWS CENTER) — The will of Lynn Day Arsenault — the woman who was shot and killed in her home in 2013 — which left everything to her husband, was found fraudulent over the summer.

Her family now says they have proof that her husband is responsible for it.

Despite the will being found fraudulent, Donald "Rusty" Arsenault Jr. and the other two men involved continue to deny having anything to do with the fake will.

That is why the family is now pursuing a civil case against Arsenault Jr., as well as two others: Greg Johnson, the man who claims to have witnessed Arsenault Jr. sign the will, and Michael Smarc, the man who notarized the document.

Both Johnson and Smarc are well-known rental property owners in the Portland area and could face more trouble for allegedly committing the crime in their place of business.

Day Arsenault's son Nicholas Day feels confident about what will happen because of a recorded conversation he and his stepfather had a couple months ago. The transcription shows Arsenault Jr. claimed, "it was all stupid," and that he "doesn't have a good excuse" for his actions.

The will left everything to Arsenault. Her children immediately suspected the will to be fraudulent after seeing their mother's signature. "It was so obviously not hers," Day said.

Day said that Arsenault tried to apologize for what he did, but Day isn't buying it. "I believe that he was just trying to do damage control, and kind of save his skin as much as he could. I believe he knew he had been caught," Day said. "They broke the law, they got caught and now they think they can just walk away from it."

Day and his attorney feel this is a direct confession and will help prove Arsenault did, in fact, create the will. The family won a $1 million attachment already, which means the judge felt if the case was taken to court, the family would win and they would get at least that much. Day said he feels this is what his mother would have wanted.

"I know that she would say that she is proud of all of us, for what we are doing, taking something that is very difficult and continuing with it further than we already have," Day said. "They've committed a crime, they've gotten found guilty. It's been proven that they've done this. Now they need to face the consequences of what they've done."

The family is hoping the case will be picked up by the district attorney to pursue criminal charges. NEWS CENTER has reached out to Arsenault's attorney for comment but has not received a response.

Copyright 2016 WLBZ


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