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?
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?