Probate and Attorneys

[bokandu]

What is the name of your state? Massachusetts
I hired an attorney to start an accounting lawsuit against the Trustee of my grandfather's estate. It was started because I am one half beneficiary with my uncle, the Trustee and he has never given me an inventory and accounting for the estate since my grandfather died in 2000. My grandmother is still living in a nursing home with dementia for the last 6 years, she is in failing health right now. The attorney was hired after repeated reguests to my uncle. He kept putting me off. The attorney filed a motion in Probabe court for my uncle to come up with the info but due to different circumstances the constable that the lawyer used to serve the court papers counld not get my uncle in hand. The court date ran out and the lawyer filed for an extension about a month ago and now the lawyer has not returned my calls for the last 2 weeks. I am calling for the status of the summons. Am I now dealing with 2 A**h***s?
Should I be patient with the lawyer or should I fire him?

 

[pojo2]

Under what circumstances was grandmother bypassed in this estate?

now the lawyer has not returned my calls for the last 2 weeks.

IF the estate is of a value to warrant it then find an Atty who you can communicate with.

Since I do not know the circumstance I should not be making the comment but oh well, I suspect some foul play going on (bypassing of grandmother)and perhaps the Atty does too.

Heck of a lot more to this story.

 

[bokandu]

Probate and attorney

My grandmother is the first beneficiary of my grandfather's estate. Grandmother has considerable assets that have been paying for nursing home costs, etc After 6 years they have been diminishing because my uncle has also been gifting on behalf of my grandmother. My uncle has POA for my grandmother. My uncle's family consists of 5 gifts and my family gets 2
The request for the inventory and accounting was because all this gifting has been going on and as a beneficiary, my father passed away 6 years ago, I took a step up to his position. I thought I could trust my uncle to protect the assets on my behalf as well as my grandmother.I thought it was understood that all assets were my grandmother's and when she passed the will states the balance of the estate would be divided 50/50 between my uncle and myself. I hope I haven't rambled on too long.

 

[pojo2]

Oh brother why didn't you state it this way in the first place. You have NO assets to protect or get an account of until G-Mother passes away!

Though your posts are very confusing I assume that once G-Mother dies you will THEN be benificary, because you say she is still alive and you get 1/2 not 1/3.

Perhaps g-mother is gifting to avoid paying taxes if the estate is large enough. Look it is hers for her care and still her's to give away THEN you MIGHT inherit something!

 

[bokandu]

Probate and attorney

I also didn't mention grandma has had dementia for 7 years and the durable POA was illegally signed and notarized, I know this for a fact. The gifting was done at first because of estate taxes, but then the assets began to diminish. The gifting was done by my uncle at his discretion since my grandmother doesn't know what day it is. This is and A/B trust so my grandfather's side is probated and in Massachusetts the beneficiary has a right to Inventory and Accounting. That is all I requested from my uncle in Nov 2005. He just kept ignoring or making excuses to me about getting the papers I requested. He told me at the beginning he had no problem coming up with the info I wanted. That is why I went to a lawyer so I could start an accounting suit. But getting back to the lawyer, I think I just picked the wrong guy. This will all be coming to a climax pretty soon because my grandmother is very very ill at this point.

 

[bokandu]

Probate and attorney

I also didn't mention grandma has had dementia for 7 years and the durable POA was illegally signed and notarized, I know this for a fact. The gifting was done at first because of estate taxes, but then the assets began to diminish. The gifting was done by my uncle at his discretion since my grandmother doesn't know what day it is. This is and A/B trust so my grandfather's side is probated and in Massachusetts the beneficiary has a right to Inventory and Accounting. That is all I requested from my uncle in Nov 2005. He just kept ignoring or making excuses to me about getting the papers I requested. He told me at the beginning he had no problem coming up with the info I wanted. That is why I went to a lawyer so I could start an accounting suit. But getting back to the lawyer, I think I just picked the wrong guy. This will all be coming to a climax pretty soon because my grandmother is very very ill at this point.

 

[Dandy Don]

Start interviewing with other probate attorneys to find one to take your case. And also ask if your state has laws on the books against abuse of POA which seems to be what happened here.

DANDY DON IN OKLAHOMA ([email protected])

 

[BlondiePB]

in Massachusetts the beneficiary has a right to Inventory and Accounting.

Until the settlor (your grandma) dies you are NOT a beneficiary.

 

[bokandu]

Probate and attorney

Thanks for the advice, I have made a decision to not pursue the lawsuit until my grandmother passes. When the accounting is done then I will make sure I have a good probate/trust attorney to handle the details. It may be abuse of POA, we'll see.