Will states Attachment - No Attachment Though

[pinklny]

What is the name of your state? Maine

In my Uncle's will he states there is a certain attachment with further instructions/specifications. However, there is no attachment. There is a family feud over the will because it involves step mother and siblings. The will basically left everything to his two blood sons and not much to his step wife or the step chidlren. So, when the blood sons asked the attorney (who prepared the will) about the attachment he claims it was standard language and nothing more. Because this attorney is now representing the "step wife" and because there is now missing monies, etc., shouldn't the attorney who drafted the will be required to file an affidavit with Probate Court indicating there is no attachment so everyone who is involved in this will can at least resolve this issue. However, this attorney is not being agreeable to signing a simple affidavit claiming there was no attachment. What can we do?

 

[Dandy Don]

Why are you involved in this and whose side are you on: the sons or the wife's?

What is the value of the estate (how much do the sons get as opposed to what is the wife asking for? The fact that he omitted the spouse is highly improper and possibly illegal, as in most states the spouse must be mentioned.

Is the wife going to contest it or not?

In addition to filing a complaint against this attorney with the state bar association for improper drafting of a will (he is guilty of negligence or incompetence--assets should have been mentioned in the main body of the will and NOT in an attachment, and even so, he is responsible for knowing where the attachment is), you need to be discussing this complicated matter with a local probate attorney to see how strong the sons' position is--they might have to negotiate to provide the wife and her children with a portion of this estate or if the language is strong enough, the sons might still get everything and perhaps the will contest would be unsuccessful. We can't evaluate the entire situation because we can't see the language of the will.

 

[pinklny]

I am a direct blood cousin to the sons that received the majority of the inheritance. They have asked for my assistance and guidance. I am to receive nothing from this. I have worked in the legal field as a legal assistant for many years but I could not answer this question for them. I don't particularly care for the step mom but that is irrelevant. My advice is that she is due what is legally hers and what his exact wishes were. So, if there is an attachment (either to my cousin's benefit or to hers), it needs to be attached. If there is none, the attorney should be law be required to attach an affidavit indicating such. AND, I am extremely surprised and pleased as to how fast you responded!

 

[pinklny]

I answered and haste and didn't see the remainder of your questions:

1. " What is the value of the estate (how much do the sons get as opposed to what is the wife asking for?" ----Estate value is possibly $150,00-$200,000. The two sons get $30,000 a piece. She gets $30,000 and the house. $10,000 to a step daughter. All the rest, residue and remainder went to the two sons. Attachment A is missing which details other items. The attorney states there was no Attachment A.
2. "The fact that he omitted the spouse is highly improper and possibly illegal, as in most states the spouse must be mentioned." --The wife was mentioned, apologize if I made that unclear.
3. "Is the wife going to contest it or not"-- The wife is contesting. Both parties have attorneys. Money had been hidden. The safety deposit boxes are empty which were known to have at least another $40,000 in there as well and a safe in the home, but when opened to prove to the sons, monies were no longer there.

 

[Dandy Don]

This attorney is also guilty of conflict-of-interest/self-dealing/self-interest--he is supposed to be fulfilling the wishes/desires/intents of the original client, the uncle. He saw an opportunity to get more money in lawyer fees by representing the wife, so he conveniently got rid of the attachment, which probably confirms that the wife gets virtually less or nothing at all.

If possible they or you should have a probate attorney look at this or hire one to represent your interests--seems like wife is getting more than she is entitled to and at least there should be some way to stop her contesting if the attachment could be found or subpoenaed.

Also, it is very unlikely that your uncle would have signed the will without the attachment being there, so this lawyer is lying through his teeth. Does the will show the names of witnesses who also might be willing to verify that an attachment existed?