Legal Question in Wills and Trusts in Massachusetts

lawyer claims missing taxes

Mom died 1999, brother named administrator 2002. After her death I found W2's for 4 of the 5 years my mom didn't file taxes. Thinking I was going to be named administrator I had the taxes prepared. I sent the taxes, and a copy, to my lawyer after brother was named administrator, he confirmed he had sent them to my brother's lawyer.

2 years later my brother's lawyer starts hounding me for the taxes. I have told them over and over again that he received them in 2002. We had a pretrial Dec '04 and the judge told this lawyer to look through his files again, and if he didn't find them to contact my ex-attorney to see where they are. I receive numerous phone calls and letters requesting the taxes. I just received a letter from this lawyer stating that my ex-lawyer told him he mailed them to me several weeks ago! I have received nothing! My brother's lawyer said that if he doesn't receive the taxes in 14 days ''he will file a motion to compel with the court''. He also said ''he will further request an order that I pay his attorney fees associated with the filing and prosecuting the motion ''. What does all that mean? What do I do now?

I tried contacting my ex-lawyer, but so far no response. Please Help! Thank you in advance!


Asked on 4/14/05, 5:38 pm

1 Answer from Attorneys
John Campbell Law Offices of John J. Campbell, P.C.

Re: lawyer claims missing taxes

If I were you, I would subpoena my ex-lawyer for the next hearing and require him to produce the tax returns or proof that they were sent. I would also highly recommend that you retain a new attorney to represent you on this. Do not try this on your own.

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Answered on 4/14/05, 6:33 pm


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