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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33299
Experience:  16 yrs. of experience including family law.
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There is a dipute within my family regarding my deceased

Customer Question

There is a dipute within my family regarding my deceased Mother's will that was changed by my sister while my Mother had Alzheimers. My oldest brother and I did not find out about this will change until after her death 5 years later. She has refused to let anyone see any financial information for the entire 5 years and is still living in my Mothers house. My brother and I hired an attorney to get bank records because we feel sure she's hiding something. But he has not been able to get them and is strongly suggesting we forget about them and go forward with this bogus will leaving most everything to my sister. What can I do?
Submitted: 4 months ago.
Category: Family Law
Expert:  P. Simmons replied 4 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 4 months ago.

I am sorry for this dilemma. Can you tell me, has someone opened probate yet?

Customer: replied 4 months ago.
Customer: replied 4 months ago.
we filed a caveat
Expert:  P. Simmons replied 4 months ago.

Thank you

SO what is your question this evening?

Customer: replied 4 months ago.
What can I do to get the bank records of my deceased Mother
Expert:  P. Simmons replied 4 months ago.

Thank you

You will need to hire an attorney and have them file a motion to contest the will. Once you do this, the attorney will be able to subpoena records to support the case

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 4 months ago.
I did hire an attornery as I stated in my initial question. He has been unable to get anything and has basically given up.
Expert:  P. Simmons replied 4 months ago.

He filed a subpoena and the bank refused to respond? Or he never filed a subpoena?

Customer: replied 4 months ago.
Im not aware of him filing a subpoena. He filed a petition to appoint me temporary administrator so I could get them but I couldnt get bonded because there is tension with the heirs so hes giving up and telling me to withdraw the caveat.
Customer: replied 4 months ago.
Can I file a subpoena and get them myself?
Expert:  P. Simmons replied 4 months ago.

You can not...you need to have an attorney (who is an officer of the court) file this. So you will need to hire another attorney (if the goal is to get the records)

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can do this yourself, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!t

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 4 months ago.
This was absolutely no help whatsoever
Expert:  P. Simmons replied 4 months ago.

No worries...I will opt out and allow other experts to assist you...perhaps someone else will have more help.

Customer: replied 4 months ago.
The attorney I hired agreed to get these documents for over $2000 but now is backing out and threatening to withdraw as my attorney. Is this legal
Customer: replied 4 months ago.
It seems to me he has no idea what hes doing. A simple subpoena should be all thats necessary to obtain these documents, correct?
Customer: replied 4 months ago.
I don't have any more time to wait on an answer. keep the $5 but please don't attempt to get any more funds from my account because my question had not been answered.