Defense of Will / Executor against improper attack

What is the name of your state? Pennsylvania

try to keep a long story short. my grandmother recently passed leaving my mother as executor of her estate. my mother was also POA for her since 2003.

Recently letters began arriving from an attorney retained by her brother, soliciting all manner of information pertaining to my grandmothers finances, and any manner of interaction which my mother may have had in administering them.

A will exists clearly delineating that my mother is the executor and all residual assets pertaining to the estate go to the executor.

Outside of this my grandmother had been reallocating various assets into two trusts (existing as OR, or JTWROS, to the best of my knowledge) for my mother and he.

the trusts exist independent of the will, but he appears to be moving toward a contest of the will on the ground that my grandmother was unduly influenced to revoke an earlier will and is further insinuating that:

- asssets previously titled to him (as OR) were retitled to his detriment by undue influence (they were retitled, but solely by my grandmothers action, no POA for my mother at the time)
-he also implies that my mother retitled bank accounts without grandmothers consent thereby decreasing his inheritance.(mom is a banker too)

Questions:
is there any obligation to respond to the attys requests?
does the insinuation of retitling accounts amount to slander if voiced in a public forum? (uncle made a scene at two banks, one of which my mother worked at in years past)
-what obligation is there for my mother as executor in documenting financial transactions that occurred prior to the POA?

hope that makes some semblance of sense...

Abignale said:

What is the name of your state? Pennsylvania

try to keep a long story short. my grandmother recently passed leaving my mother as executor of her estate. my mother was also POA for her since 2003.

Recently letters began arriving from an attorney retained by her brother, soliciting all manner of information pertaining to my grandmothers finances, and any manner of interaction which my mother may have had in administering them.

A will exists clearly delineating that my mother is the executor and all residual assets pertaining to the estate go to the executor.

Outside of this my grandmother had been reallocating various assets into two trusts (existing as OR, or JTWROS, to the best of my knowledge) for my mother and he.

the trusts exist independent of the will, but he appears to be moving toward a contest of the will on the ground that my grandmother was unduly influenced to revoke an earlier will and is further insinuating that:

- asssets previously titled to him (as OR) were retitled to his detriment by undue influence (they were retitled, but solely by my grandmothers action, no POA for my mother at the time)
-he also implies that my mother retitled bank accounts without grandmothers consent thereby decreasing his inheritance.(mom is a banker too)

Questions:
is there any obligation to respond to the attys requests?

Click to expand...

See answer below.

does the insinuation of retitling accounts amount to slander if voiced in a public forum? (uncle made a scene at two banks, one of which my mother worked at in years past)

Click to expand...

No

-what obligation is there for my mother as executor in documenting financial transactions that occurred prior to the POA?

Click to expand...

Legally obligated? No.

Q: is there any obligation to respond to the attys requests?

A: Only if you want to resolve this without a court battle.


Q: does the insinuation of retitling accounts amount to slander if voiced in a public forum? (uncle made a scene at two banks, one of which my mother worked at in years past)

A: No.


Q: -what obligation is there for my mother as executor in documenting financial transactions that occurred prior to the POA?

A: Rephrase this question and don't use legal terms. I don't know what you mean.

the atty's letter asks for any and all documents related to grandma's finances. mom has only been documenting finances since POA was effective in 2003.

in other words, mom had nothing to do with grandma's finances pre 2003. Is there any obligation to provide anything?

Abignale said:

the atty's letter asks for any and all documents related to grandma's finances. mom has only been documenting finances since POA was effective in 2003.

in other words, mom had nothing to do with grandma's finances pre 2003. Is there any obligation to provide anything?

Click to expand...

You obviously cannot provide docs unless you have them; do you have all the stuff?

Anyway, what does YOUR lawyer say when you ask your lawyer your questions?