Legal Question in Wills and Trusts in Massachusetts
my father's estate
My recently deceased father did not
have a will. He was an alcoholic and I
did not see him often as I live
abroad. His lawyer, who claims to
have been my father's friend,
informed me that 2 years ago he
became the co-owner of my father's
condo, and on my father's passing
became sole owner. I looked up the
deed, and it does indeed show this to
be true. The lawyer says that my
father's condo was heavily
mortgaged and he was helping him
out financially even though ''he tried
to convince him not to do it at the
time.'' According to this lawyer, my
father's only assets were two bank
accounts totalling around $2400. I
am facing funeral expenses of
$4000. I am not sure how to get
ahold of the money in my father's
bank accounts to help with the
funeral costs. I'm also not sure
whether I can have the funeral bills
sent to the lawyer, as I'm unclear
what his official role is. I have a
strong suspicion that he may have
acted unethically, but am not sure
what I can do about it.
1 Answer from Attorneys
Re: my father's estate
Certainly the lawyer's behavior raises MY eyebrows. In fact, in the past week, the Massachusetts attorney general has brought several criminal cases involving attorneys "helping" clients who faced losing their homes to foreclosure by taking title to their homes.
I really think you need to speak at more length with an attorney concerning starting with a petition to administer the estate so that you can get the legal right to further investigate the attorney's actions. I also suggest that you contact the Consumer Protection Bureau at the Mass. AG's office (I'd post the number, but this system won't let me).
Please feel free to contact me if I can be of assistance.