is what happened here with the paralegal (Judith) acting on…
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is what happened here with...
is what happened here with the paralegal (Judith) acting on behalf of the estate's lawyer illegal? the letter we're thinking of sending to lawyer ...
First, let me say we are terribly sorry to be writing this account. Our hope is that Aunt Adrienne’s estate can be handled effectively and with good will by all involved. This remains our wish despite recounting below both difficult and sensitive information. Once you have a chance to review the information, we are open to discussing how best to move forward so everyone’s interests are served.
Allow me to explain the predominance of interaction between Nancy, my sister, and Judith in the information below. With six estate beneficiaries it seemed prudent to appoint a ‘point person’ from our side of the family to deal with Judith and your firm. Given XXXXX XXXXXves in Ottawa and worked in Billings Bridge, the same shopping mall as your office, she was the logical ‘appointee”. Therefore, the events outlined below are from our family conversations and notes.
Basically, we have three concerns with the manner in which Adrienne’s estate has been handled to date:
• Concern 1: The secure handling and recording of estate jewelry and other valuables.
• Concern 2: Paralegals removing items from the estate, potentially for personal gain and pleasure, without consent or documentation.
• Concern 3: Paralegals steering estate items to family, friends, acquaintances and co-workers.
In September of 2009, Judith invited Nancy to Adrienne’s house to select items of personal significance from the estate. Before going to the house, Nancy asked for Adrienne's gold necklace, amber lamp, and a green wrought iron chair. Nancy also asked for Adrienne's diamond wedding set, but only if Adrienne's side of the family didn't request the set. Before Nancy had an opportunity to go to the house and identify the requested items, Judith informed her that some of the items had been sold to an acquaintance who owned a retail display at Billings Bridge. Nancy worked at Billings Bridge, so she approached the vendor and asked if she could purchase the necklace and diamond set. He informed Nancy that he had purchased estate items from Judith but the necklace and wedding set where not part of the lot. The vendor also informed Judith that Nancy had asked about the items. Later, in a phone conversation, Judith told Nancy the gold chain was found in Adrienne’s basement on the leg of a folded up card table and she had no idea of how it could have ended up there. The diamond set Nancy received was not the expected wedding set. That set may have been given to Adrienne's grand-niece, but we are not certain.
At Adrienne’s house, Nancy watched Judith take out several pots and pans from the kitchen to her car. This seemed odd to Nancy but rather than question Judith about the matter, she chose instead to ask for the wrought iron chair. Judith told Nancy the chair matched a planter at her house so she took it. Judith didn’t offer to return the chair, despite knowing it was requested by a beneficiary of the estate. After discussing the events as a family we decided to follow-up and Nancy agreed to press the matter further by offering to pay Judith for the return of the chair. It was then that Judith somewhat reluctantly agreed to return the chair because it didn’t really fit at her home. She did make a point; however, of reminding Nancy the cost of the chair would be deducted from her portion of the estate.
On another occasion Nancy and Judith were cleaning out Adrienne’s bedroom when Judith told Nancy she found a coin in the house and was going to take it because it was missing from one of her coin collections. Later Judith found other coins and gave them to Nancy, we can not be certain if the coins Nancy received included the coin Judith intended to take for her collection.
Again in the bedroom, Nancy picked up a pair of alligator shoes from a pile of items on the bed and commented that alligator was back in style. Judith cut her off stating, "I'm taking those." It is our understanding that Judith is still in possession of the shoes.
Nancy also asked for an air purifier but Judith told her that she planned to sell it to a friend who had asthma. Judith confirmed that Nancy had a right to the purifier but informed her that if she intended to take it she would be charged full retail value. We do not know if the purifier was sold to Judith's friend and if it was at what price.
The last time Nancy was at the house with Judith they were going through Uncle Jerry’s trunk which contained his war metals and other family items. Judith picked up some old, keepsake newspapers and commented she would take them. Nancy pushed back and said, ‘no’, she thought the newspapers should stay in the family.
Several times Judith mentioned her intent to purchase one of Adrienne's fur coats. An intention we believe she made you aware of and you in turn counseled that, as an executor of the estate
Submitted: 11 years ago.Category: Canada LawShow More
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