Right of Heirs to Obtain Documents

[tumbao]

What is the name of your state? California

My elderly mother's will and related documents (POA, etc.) have mysteriously disappeared from the place she always kept them, and cannot be found.

I contacted my mom's lawyer, with whom she had written up all her documents, who I assume has copies of everything, and asked for copies of the documents for my mother and for myself.

The attorney replied that I am not authorized to request these documents. I replied that the attorney could contact my mother for authorization. The attorney replied that he believed my mom is incapable of making decisions, and therefore could not authorize that her documents be released.

My mother has not been judged legally incapable of making decisions. (What is the exact terminology for that?) However, another family member (whom I believe is named as POA and executor) has convinced mom's attorney that mom does not have the capacity to request her documents, although the attorney knows there has been no such legal ruling on my mom's capacity. (I have a strong suspicion, however, that this family member has the intention of trying to get such a ruling---see other post about that.)

In any case, what can be done about this? Doesn't a client have the right to request copies from her attorney, of any documents that were drawn up through that attorney? I also assume that the attorney has no right to make his own determination, based on hearsay, that his client does not have the capacity to make such a request. What can be done about that?

Also, as an heir named in the will, don't I have the right to request copies of it myself, as well as related documents?

 

[seniorjudge]

You are not an heir because no one has died.

The lawyer doesn't even have to talk to you, much less give you copies of one of his client's documents.

If you want to see this stuff, ask ma.

 

[tumbao]

You are not an heir because no one has died.

The lawyer doesn't even have to talk to you, much less give you copies of one of his client's documents.

If you want to see this stuff, ask ma.

So, the heirs named in the will only have the right to request it from the lawyer after the death of the client?

As I said, this lawyer will also not release the documents to my mom, which certainly could not be legal.

 

[seniorjudge]

So, the heirs named in the will only have the right to request it from the lawyer after the death of the client?

As I said, this lawyer will also not release the documents to my mom, which certainly could not be legal.

If mom is competent, then she needs to have a strongly-worded talk with this lawyer OR have her go to another attorney and re-do all this stuff.

A lawyer is NEVER required to turn over anything to a person who is not his client (unless there is a court order to do so).

 

[tumbao]

If mom is competent, then she needs to have a strongly-worded talk with this lawyer OR have her go to another attorney and re-do all this stuff.

A lawyer is NEVER required to turn over anything to a person who is not his client (unless there is a court order to do so).

Thanks for the response.

Besides the strongly-worded talk, though, can the client force the attorney to release his (the client's) documents?

In the second paragraph, are you saying that even after the will-writer's death, if heirs mentioned in the will do not have a copy of it, and ask the attorney who wrote the will for copies of it, the attorney has no obligation to do so?

 

[seniorjudge]

Q: Besides the strongly-worded talk, though, can the client force the attorney to release his (the client's) documents?

A: Yes; it is the client's file, not the attorney's. The attorney has no proprietary interest in a client's file.


Q: In the second paragraph, are you saying that even after the will-writer's death, if heirs mentioned in the will do not have a copy of it, and ask the attorney who wrote the will for copies of it, the attorney has no obligation to do so?

A: That is correct.

 

[Dandy Don]

It is considered rude and greedy to ask a living person to see their will. If she voluntarily wants you to see it, then that is another matter. You will have ample time to see it when the executor files it at the courthouse after the death.

The current attorney should be fired and another attorney hired to draft a new will that gives the POA less money for her deceitful offensive behavior (conspiring to call her mentally incompetent before she is even dead), and a letter revoking the POA should be sent to the POA and another POA chosen. The current attorney is not working in his own client's best interests.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

 

[zora_mom53]

Rights of heirs

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I live in the state of Delaware where my mother lived with me and wrote her last will. She died in July of 2004 and by my request my brother was named executor. He lives in Pennsylvania.

My question is under what circumstances can an estate lawyer refuse to speak with an heir who has concerns and questions?

I live just a few miles from the attorney's office but my brother has informed that the lawyer will not answer me.

Thanks

 

[Some Random Guy]

Zora,

please put your questions in your own thread.

The estate lawyer is a lawyer for the estate - not for you. If you want legal questions answered, hire your own lawyer.

 

[nextwife]

My mother has not been judged legally incapable of making decisions. (What is the exact terminology for that?) However, another family member (whom I believe is named as POA and executor) has convinced mom's attorney that mom does not have the capacity to request her documents, although the attorney knows there has been no such legal ruling on my mom's capacity. (I have a strong suspicion, however, that this family member has the intention of trying to get such a ruling---see other post about that.)

Doesn't a client have the right to request copies from her attorney, of any documents that were drawn up through that attorney? I also assume that the attorney has no right to make his own determination, based on hearsay, that his client does not have the capacity to make such a request. What can be done about that?

Also, as an heir named in the will, don't I have the right to request copies of it myself, as well as related documents?

If mom IS truly mentally capable and her attorney will not cooperate with he, nor allow her to review her own will with him, mom has the right to seek a different attorney and make a new replacement will and revoke any POA she no longer wants utilized.

But that is dependent upon her being (provably) competent and is totally up to HER.

As stated, it is mom's business to share her will with you IF she wishes. YOu have no right to see it at all prior to her death unless she willingly CHOOSES to share it with you.

 

[Dandy Don]

Your concerns and questions may be overstepping the boundaries. He is bound to represent his client's confidentiality and it would not be in his client's best interest to answer your questions. Exactly what ARE your concerns?