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Category: Estate Law
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Experience:  More than 16 years experience with estate document preparation, litigation and mediation
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My ex has a petition pending in court that i pay her attorney

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My ex has a petition pending in court that i pay her attorney fees. She has a savings account on which she is guardian with my son In which she deposited approx 20,000.00 she claimed was an inheritance left to my son. I requested the statements from this account in my notice to produce & they showed she had drained this account by 19,000.00 down to currently 1,000.00. I now feel it would be helpful to see the actual will, of which she was the executor - as she claimed she was left 'nothing', & only my son inherited the 20,000.00 (which she disbursed) What action would i take to request a copy of the will ? and what do you think the court will think of her burning thru 19,000.00 while her request i pay her attorney fees is still pending in court?

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Hello and thanks for contacting Just Answer.


 


You could submit document requests to her pursuant to the court rules governing discovery in the state where the court is or you could file a motion to compel production of these documents if she refuses to provide you with the documents. You have a strong argument that the will is relevant to this matter.


 


I believe the court would not look favorably upon her draining the $19,000, money which was allegedly supposed to be for your son, unless she could show that she used it all for him. I'm assuming that's unlikely. You could also ask for an accounting of this money, when it was withdrawn, what it was used for, etc. This could help your arguemnt that she used this money frivolously and not on reasonable and necessary living expenses for her or your son.


 


 

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