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 AlexiaEsq. Your Own Question
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Estate Law
Satisfied Customers: 13542
Experience:  19+ Years of Legal Practice in Estate Law.
10805288
Type Your Estate Law Question Here...
AlexiaEsq. is online now
A new question is answered every 9 seconds

Contesting will in Maryland. I requested specific documents

Customer Question

I'm Plaintiff, contesting will in Maryland. I requested specific documents from Defendants lawyer regarding production of docs. This is what she said:
With respect to the cancelled checks from all accounts, I direct your attention to the first general objection provided. Defendant will not provide information for Prod of doc which do not involve subject matter of the pending action, are irrelevant, exceed the scope of permissible discovery, are not reasonably calculated to lead to discovery of admissible evidence or for interrogatories that are oppressive, vague, ambiguous, remote and shotgun in approach unintelligible and overly burdensome or for which a response would involve undue financial expenses. The cancelled checks requested are not relevant to the limited issues before the circuit court, as well as the cost to procure the cancelled checks would involve an undue financial expense. If however, there are specific checks about which you have questions, I can certainly ask my client for an explanation.
As far as your request for the restraining order from defendant against myself, in addition to the first general objection, I direct your attention to the third General objection: Defendant will not provide information where the burden of deriving, ascertaining, or securing is substantially the same for the propounding party.
So, what does she mean by this????
They had sent a restraining order my mail, not through the courts, 2 years after I severed ties with them. They did this to gain control over my father and his estate so they could use his money for their benefit. I don't think his Attorney is aware of this, but she won't send it to me.
Also, I have filed amended complaint of self dealing. and reasons for it including using my fathers bank account as a financial banking institution for self benefit.
Submitted: 1 year ago.
Category: Estate Law
Expert:  AlexiaEsq. replied 1 year ago.

Hi, my name is***** and I am here to assist you. I am a lawyer, but likely not in your state. As such, as per the rules, I can provide you general information on your topic, but not specific advice to your about your legal situation. Rather, I arm you with knowledge you can use to help yourself or become informed. Please let me know my post is coming through alright by sending me a quick reply, so I can move forward and devote time here to you.

Expert:  AlexiaEsq. replied 1 year ago.

"With respect to the cancelled checks from all accounts, I direct your attention to the first general objection provided. Defendant will not provide information for Prod of doc which do not involve subject matter of the pending action, are irrelevant, exceed the scope of permissible discovery, are not reasonably calculated to lead to discovery of admissible evidence or for interrogatories that are oppressive, vague, ambiguous, remote and shotgun in approach unintelligible and overly burdensome or for which a response would involve undue financial expenses. The cancelled checks requested are not relevant to the limited issues before the circuit court, as well as the cost to procure the cancelled checks would involve an undue financial expense. If however, there are specific checks about which you have questions, I can certainly ask my client for an explanation."

-------- OK, if you are contesting Will, it is true that that would not, in and of itself, implicate checks spending from your father's account, since you are only contesting will, not contesting whether estate has made all moves to collect debts owed to estate - This is typically why the lawyer would object based on irrelevence, because regardless of any inappropriate check spends, that would have no bearing on a Will contest. However, if you HAD an existing claim someone OWES money back to the accounts because someone was spending his money in appropriately. So, you may want to use MD's procedure for claiming that there is a debt owed by Mr. XX to the estate, for the borrowed or otherwise appropriated moneys.

Expert:  AlexiaEsq. replied 1 year ago.

"As far as your request for the restraining order from defendant against myself, in addition to the first general objection, I direct your attention to the third General objection: Defendant will not provide information where the burden of deriving, ascertaining, or securing is substantially the same for the propounding party. " ------- They are saying that you have as much ability to get the restraining order, if one existed, yourself, as they do. Assuming they don't have a copy (and that is quite possible), either of you should be able to ask the issuing court for a copy of that order. As such, while you can ask them for it, you typically ask them for things that only they have, that they are the source - not of things that you have equal access to. Their job is not to make your case easier for you and do for you what you can do for yourself. That sounds like what she is saying.

Expert:  AlexiaEsq. replied 1 year ago.

"Also, I have filed amended complaint of self dealing. and reasons for it including using my fathers bank account as a financial banking institution for self benefit. ----- OK, now this COULD then implicate the request for cancelled checks, that you discuss above. However, most people don't keep cancelled checks, as often banks don't send them anymore. In that case, you can try asking for a release so you can order them from the bank yourself. If not, learn how to get the court to issue a subpoena to the bank for those records. Make sure the other side is aware of the amended complaint, i.e. that it was served them.

Expert:  AlexiaEsq. replied 1 year ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Customer: replied 1 year ago.
The attorney is aware of the amended complaint.
I'm contesting the will as well as undue influence prior to and after a confidential relationship. Thats why they sent me a restraining order through the mail, thinking I would think it was. Like I said the restraining order is something they got off the internet, not through the courts. It's not legal. They have it but refusing to send it to me in the objection. I unfortunately threw my copy away 2 months before he died. I didn't know that I was going to need it or even challenge will and undue influence.I knew it wasn't but I still didn't have any contact with them at least 2 years prior to and after.
They have used his bank account like a banking institution. And even refinanced his home 2 months before he passed for no reason, (which I obtained copies from the circuit court myself)he had money in his account. They are not even sending all of the things requested in discovery. There is probably 100,000 or more not accounted for (from the docs they sent to me).
Expert:  AlexiaEsq. replied 1 year ago.

OK, if you let her know that you do not have a copy of the RO, and that you continue therefore to demand that they produce, if they don't and have no good reason (such as, we no longer have a copy, or, we deny any such document), then the court can compel them. My fear is that they will simply deny it, since it was not legal anyway, and it will be he said/she said.

Customer: replied 1 year ago.
They have not stated that yet in their objection and refusal in 2 of her letters. So it will be a little late to say they don't have it now. She's just saying shes refusing to send saying its not related to the case.One more thing, She has not requested for production of documents from me. We have a pre trial conf in august. So should I do my request for admissions now then do a statement of fact
Expert:  AlexiaEsq. replied 1 year ago.

It can be arguably related if it was their method of keeping you out of the picture so you would not learn of the appropriating of his funds. So it may be suitable for a motion to compel.

Expert:  AlexiaEsq. replied 1 year ago.

You want to abide by any MD court rules on how far in advance of any particular court date you need to have your discovery had by (or requested by, more accurately). So if that means you must do request for admissions now, than you likely should, unless you feel there is a reason to wait.

Customer: replied 1 year ago.
They were definitely trying to keep me out of the pic so they could do what they wanted, thinking we would not dispute. Believe me, they shook their heads when the Orphans court sided with me to have it moved to Circuit Court for jury trial. We have to have our request for admissions, dispositive motions in by 8/12/16. I'm afraid if I don't get my evidence in, it will not be admissible. I don't know if shes not asking for it thinking I would not send them to the courts or what.
Expert:  AlexiaEsq. replied 1 year ago.

The court has asked for your evidence?

Customer: replied 1 year ago.
when I submit my request for admissions or genuineness of documents, am I sending that to the courts or the defendants attorney?

Related Estate Law Questions