How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Infolawyer Your Own Question

Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 51117
Experience:  Licensed attorney helping individuals and businesses.
11313492
Type Your Estate Law Question Here...
Infolawyer is online now
A new question is answered every 9 seconds

A lawyer drew up transfer papers of all assets owned by my

Resolved Question:

A lawyer drew up transfer papers of all assets owned by my father to his second wife. Then he drew up a death bed will later that month. Dad died 3 days later. My lawyer asked the lawyer for access to his files or legal action may file. This lawyer now says that his files are subject to solicitor client privilege and any demand of him from my lawyer is threatening and improper. Who is right?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Infolawyer replied 1 year ago.

Daniel :

Hello and thank you for the question. I am sorry to read of this dilemma.

Daniel :

The information should be provided on demand

Daniel :

if there is delay in delivering same, it may be compelled by court application

Daniel :

The documents are relevant and discoverable, and not privileged on this issue

Customer:

It is more complicated as my Dad sexually abused me and I told very few people but he of course knew and may have been avoiding his responsibilities by first the transfers and secondly his will. His estate was about 10,000 but his companies were gone, his boat listed for $240,000 etc etc.

Daniel :

Even more reason why it must be disclosed and why it is relevant to closing and settling the estate

Daniel :

Lawyer demand can follow with court action.

Daniel :

I wish you the best.

Customer:

Thank you very much

Daniel :

Very welcome

Daniel :

Have a nice weekend

Daniel :

Kindly rate the answer as excellent

Daniel :

are you there?

Customer:

What do you think of the "threatening and improper" part, sorry for my delay I will most certainly rate you assistance as excellent with a small bonus.

Daniel :

I agree with that approach

Daniel :

if asking is not working, that approach, especially by counsel

Daniel :

may lead to cooperation without resort to court action

Daniel :

nothing to lose in pursuing it but a bit of time and effort

Daniel :

Your lawyer's conduct is not threatening or improper

Daniel :

but one may exert pressure

Daniel :

which is proper and decisive

Daniel :

I wish you a nice weekend.

Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 51117
Experience: Licensed attorney helping individuals and businesses.
Infolawyer and other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

My lawyer has claimed that the transfer of almost all assets to my step mother during my fathers last month was improper since he knew he had abused me. Do you consider I am entitled to these documents as well as those surrounding signing his will or does it have to go back to court? I am planning to sue these lawyers that both witnessed the will in the hospital just days before Dad died.

Expert:  Infolawyer replied 1 year ago.
You are entitled to the documents and to discovery. You may seek to challenge the transfers and set them aside on the exceptions on fraud, duress, lack of capacity or improper execution. Some courts will also consider equity and fairness and the unclean hands of the beneficiary.
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 51117
Experience: Licensed attorney helping individuals and businesses.
Infolawyer and other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

You mentioned "Some courts will also consider equity and fairness and the unclean hands of the beneficiary." Were you thinking of the beneficiary as my step-mother, whose hands were all over this sudden transfer and death bed will surrounded by suspicious circumstances. I do not think I was bad except for keeping my mouth shut and unsuccessfully attempting to cope. If no-one believes me I guess that is another separate matter.


 

Expert:  Infolawyer replied 1 year ago.
Precisely. her unclean hands can be a factor the court would consider!
Customer: replied 1 year ago.

Thank you so much! Your information is so "proper and decisive" to use your words.

Expert:  Infolawyer replied 1 year ago.
Much appreciated. Have a great weekend.
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 51117
Experience: Licensed attorney helping individuals and businesses.
Infolawyer and other Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.
 
 
 
Chat Now With An Estate Lawyer
Infolawyer
Infolawyer
Attorney
4447 Satisfied Customers
Licensed attorney helping individuals and businesses.