Legal Question in Legal Malpractice in Maryland
possible corrupt attorney
My friend's Grandfather died recently with a multi million dollar estate. My friends older brother (does not have a copy of the will he witnessed) had been the executor of the Grandfather's estate for many years, but upon his death he found out that the family attorney had become executor; the same attorney who handled his investments etc. Notice was given to the decendants that they they were left out of the will. The brother who was executor remembers that most of the money in his Grandfather's Estate was to be given to charity, 75-90%. A new will was drawn up just prior to her death which gave everything to the attorney and the attorney's family. Is there any recourse? The decendants are not rich to fight this
2 Answers from Attorneys
Re: possible corrupt attorney
Under Maryland's Rules of Professional Conduct it is an ethical violation for an attorney to prepare a Last Will and Testament which gives the attorney a gift from the estate. There is one exclusion and that is where the interest is through a related person (e.g., spouse, child, etc.)
You should contact an attorney to discuss.
Re: possible corrupt attorney
Although it is difficult to challenge a presumably valid will, this certainly sounds suspicious as you explain it. However, you will have to act quickly to file a will contest to hold up distribution of estate assets to the attorney and his family. You should contact the witnesses to the will and the attorney who prepared it (if it was someone other than the attorney named as the beneficiary) to see if there was some collusion, if your grandfather was in full control of his mental faculties when he executed the will, or if there was duress or undue influence involved in this. You will need to pool your resources to retain an attorney experienced in estate matters to help you with this.
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