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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 32371
Experience:  Estate Law Expert
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I am being accused by the estate attorney of using "social

Customer Question

I am being accused by the estate attorney of using "social media" against my sister, the executor and creating scenes in public regarding estate matters (I don't even live in same state!) I also have "no social media" sites nor use them but my sister, the executor does a lot on matters regarding the estate and our dispute. The Estate attorney whom my sister hired for my mom, has no idea of any of her client's social media postings and public display of profanity to banks which held the beneficiary or estate assets. I have all the original documents and proof. Should and can I forward them to the Estate Attorney so she has for her file? I am trying to settle out of court as the executor is also in violation of her fiduciary duties in numerous ways per my attorney but says these documents are useless to the estate attorney and I feel she should be advised it is her client not me doing these postings and public humiliation to the trust.
Submitted: 9 months ago.
Category: Estate Law
Expert:  Dwayne B. replied 9 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

You aren't supposed to have direct contact with the attorney for the estate if you have an attorney. If you do, then that can cause issues later if the estate attorney contacts you when they are not supposed to.

In addition, it is always a good idea to follow your attorney's advice regarding matters like this since they know what the ultimate case strategy is. While I don't see this specific issue here, sometimes by sending materials to the other side you can waive privileges, open the door to the admissibility of some evidence that wouldn't otherwise be admissible, etc.

It is also unlikely that the attorney for the estate will look at the items you send for more than a moment or two and so won't likely give them much consideration. Most lawyers would then seal them in an envelope with the date they were delivered and they may even file a motion with the court asking the court to order you to contact the only through your attorney and the court would/could then order you to pay the attorney's fees involved in filing the motion and having the hearing.

Thus, essentially what you would end up doing is potentially causing bad results with little to no reasonable expectation of good results.

Customer: replied 9 months ago.
I've already spent over $20K on attorney fees and nothing is even settled. I have asked him to forward this information and other important documents to the Estate attorney but he won't and says not relevant for the estate attorney to have. Do I just let the estate attorney accuse me of what really her own client is doing and she has no idea of that?
Customer: replied 9 months ago.
I feel if that Attorney actually "sees" what her client is doing she might advice her to settle out of court?
Expert:  Dwayne B. replied 9 months ago.

No, nothing you want to send them and than you have discussed here is going to make any difference. When I did a lot of trial work, and I used to do A LOT, now I mostly consult, I had a saying "If it won't help it can only hurt". That's kind of the situation with this. It isn't likely to do anything with the other lawyer and it could have negative effects later. Just as an example, your lawyer may want them to file the motion so he can go in, tear them up in front of the judge, and thus place you in a more advatangeous position.