Undue Influence or Other Issue?

[DNAguy]

What is the name of your state (only U.S. law)? Massachusetts

Elderly, never married, childless aunt just recently passed away. Younger sister of my late mother. We weren't terribly close but did speak on the phone on a semi-regular basis. Her lawyer called to tell me of her passing. After funeral asked lawyer if they would produce will. They did not. Me and my sibs received letters asking for assent to executorship of the lawyer. Rec'd notice of will being filed at probate. Went and got copy of will, none of my sibs or myself are named, 4 'friends' of late aunt and 2 cousins are named for remainders. Lawyer is also named as remainder. Lawyer prepared this very will about 5 years ago. Went to registry of deeds. House my aunt had inherited from my grandmother had new quitclaim deed filed about 18 months ago, giving lawyer joint tenancy and right of sole survivorship. I had asked the lawyer before I found this information if we could at least go through personal family effects including my grandmother's possessions. No response. I have another couple of weeks to file a notice of appearance for the probate. Is there anything I can do to gain access to family heirlooms or photos? The change in deed would appear to make the house moot. Has this lawyer violated any of the standards of attorney conduct in Massachusetts and could this be a source of "undue influence" in the probate?

 

[Dandy Don]

It appears that you have no specific knowledge or evidence of alleged undue influence. Unless decedent had been previously diagnosed with a disease that would have affected her mental competency or was taking medication that would have affected her competency, she had the right to leave her money to whomever she wanted to. Send the executor a certified letter asking for the personal possessions you want for sentimental value and see what the response is.

 

[latigo]

DNAguy:

OF COURSE you have probative, admissible and strong if not irrefutable evidence, proving that this shyster lawyer exerted undue influence over the relative. It is as clear-cut as the documents you mention.

Get in touch with the Massachusetts Bar Association (MBA) immediately, immediately. Those offices will explain how to file a formal complaint.

If the investigation by the bar association reveals half of what you say, this guy is going to be selling used cars or siding, after he gets out of the slammer!

Here is the contact information:

MBA Boston office
20 West St.
Boston, MA 02111-1204
(617) 338-0500

MBA Western Mass. office
73 State St.
Springfield, MA 01103
(413) 731-5134

Also, disregard the misleading guesswork DD submits in this forum. Why anyone would want to masquerade as a lawyer beats the heck out of me
But he does.

 

[HappyWanderer]

It seems very unethical to me to have the lawyer who prepared the will name himself as a beneficiary of it. I don't know if that would void the will, but, it sure stinks bad.

 

[DNAguy]

It seems very unethical to me to have the lawyer who prepared the will name himself as a beneficiary of it. I don't know if that would void the will, but, it sure stinks bad.

I looked at the Rules of Professional Conduct of the Massachusetts Supreme Judicial Court and, while I don't understand most of what was written, it did state that unless directly related an attorney can not prepare a will for a testator if the attorney stands to benefit from the estate once testator is deceased. "A lawyer shall not prepare an instrument giving the lawyer or a person related to the lawyer as parent, child, sibling, or spouse any substantial gift from a client, including a testamentary gift, except where the client is related to the donee." Or at least I believe that is what it said. Do I need to have an attorney to file the notice of appearance and get the extra discovery time or can I do it myself?

Thanks to you and Latigo.

 

[HappyWanderer]

Courts don't give a lot of second chances. If you're talking real money, I'd get an attorney. Again, just because the attorney may have acted unethically or illegally, may not make the will void. He may stand to lose his portion based on a suit in equity, but the rest of the will may stand.