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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42880
Experience:  Texas lawyer for 30 years in Estate law
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I am the PR on my mom's estate I have completed all my

Customer Question

I am the PR on my mom's estate I have completed all my duties and I signed the declaration of completion on June 11th 2017
JA: What state are you in? It matters because laws vary by location.
Customer: I am in Washington State after returning from a business trip my attorney scratched out the date "June" and wrote "July" I signed the completion on June 11 so after 30 days I should be discharged from my duties correct? What are the rules of misconduct as far as changing a date on a legal document that I signed?
JA: What are the charges? What's the current status of the case?
Customer: It should be ready completion its a non court intervene will there are 3 of us brothers as beneficiaries one of my brothers children is trying to object and I think that is why my attorney changed the date from June to July to give them time to object. but I signed the completion on June 11th 2017 How can they Scratch out the word June and hand write July isn't this forgery?
JA: Has anything been filed or reported?
Customer: All the receipts of heirs have been filed and recorded
JA: Anything else you want the lawyer to know before I connect you?
Customer: No that's the basic just of it
Submitted: 2 months ago.
Category: Estate Law
Expert:  RayAnswers replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 2 months ago.

I agree with you what the lawyer did was wrong.He has no legal basis to alter a document signed by you.The legal remedy here is to redo the document and have you add the correct date.You would have the right here to file a lawyer complaint about it and have it investigated.You do not indicate you suffered any financial harm but if you did so you could sue for malpractice.The lawyer has no business changing a document you signed and dated.Thats forgery, fraud, etc at the least unprofessional.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Expert:  RayAnswers replied 2 months ago.

Rules of Professional Conduct: Rule 3.4--Fairness to Opposing Party and Counsel

A lawyer shall not:
(a) Obstruct another party’s access to evidence or alter, destroy, or conceal evidence, or counsel or assist another person to do so, if the lawyer reasonably should know that the evidence is or may be the subject of discovery or subpoena in any pending or imminent proceeding. Unless prohibited by law, a lawyer may receive physical evidence of any kind from the client or from another person. If the evidence received by the lawyer belongs to anyone other than the client, the lawyer shall make a good-faith effort to preserve it and to return it to the owner, subject to Rule 1.6;
(b) Falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law;
(c) Knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists;
(d) In pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent efforts to comply with a legally proper discovery request by an opposing party;
(e) In trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant, or the guilt or innocence of an accused;
(f) Request a person other than a client to refrain from voluntarily giving relevant information to another party unless:

(1) The person is a relative or an employee or other agent of a client; and
(2) The lawyer reasonably believes that the person’s interests will not be adversely affected by refraining from giving such information; or
(g) Peremptorily strike jurors for any reason prohibited by law.