Legal Question in Wills and Trusts in Massachusetts

My dad asked me to help him work with an estate planning firm, since he is 89 years old, does not remember things well, and can't understand the documentation (English is not his first language). We signed a contract with the firm and gave them $2000 to begin the work. My father explained his wishes to the lawyers and we submitted a intake form detailing his assets.

I review all the documents, ask clarifying questions, then explain the documents to my dad. Sometimes we ask for modifications because the documents do not reflect my dad's wishes. The lawyers think this is taking too long and have told me that I do not need to fully understand the documents, only the intent of each document. I've told them that I will not have my dad sign anything until we fully understand it. Now it seems the lawyers want to get me out of the process so they can quickly pass documents by my dad. The lawyers are insisting that they speak to my dad alone, without my being present. My dad told them that he wants me to be present because he does not understand or remember. The lawyers have said that if they cannot speak privately with my dad, then they cannot do business with us. I don't think this is a case of the lawyers believing I'm influencing my dad, but I think they are using this as an excuse to get me out of the process.

Does this firm have the right to meet alone with my dad when he has told them he wants me present? This "policy" was never mentioned when we contracted the firm to do the work and it is not mentioned in the contract agreement we signed. The firm is willing to give us our money back and send us on our way. but we do not want to start over with another firm.

Thanks for any info you can provide.


Asked on 6/01/10, 9:23 am

1 Answer from Attorneys

It could be that they want to make sure you are not exercising undue influence on your father's decisions.

I would allow them to spesk with your father alone, while you wait in the office outside. However, I would have them agree that he will not sign anything while in that meeting.

If the division of your father's estate is not more or less equal that is a reason for the attorneys to make sure there is no undue influence.

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Answered on 6/01/10, 12:41 pm


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