Legal Question in Wills and Trusts in Maine
ethics
What to do if you suspect a lawyer and one heir to an estate are acting improperly in the handling of a will and trust?
Asked on 7/11/06, 2:15 pm
1 Answer from Attorneys
Jerome Gamache
Ainsworth Thelin & Raftice, P.A.
Re: ethics
Ethical issues are vigorously defended so it is important to be sure that the facts are reasonably clear and there is enough at stake to make the potential unpleasantness worth the effort.
With that said, Maine's Probate Code has various provisions that impose fiducuary responsibilities upon Personal Representatives and Trustees, and an adversary case can be filed in Probate Court alleging violations and seeking damages and attorney fees.
The actual facts will be highly determinative of the course of action to be recomended. Private consultation with an attorney will be needed.
Answered on 7/11/06, 5:38 pm