Legal Question in Wills and Trusts in Massachusetts
Recovering attorney fees
My grandparents, in their will left most of a modest estate to my mother who cared for them in their final years. My mothers 2 siblings who were hardly around for years have contested the will stating my mother coerced my grandfather into leaving everything to her and have tried to prove unsuccesfully that my grandfather suffered from dementia. My mother and others have been deposed by the plaintiffs attorneys and have fully complied. The plaintiffs have been delaying deposition and have come up with multiple excuses as to why they cannot comply and provide requested documentation. At this point it looks as though the suit will be dismissed. Does my mother have the right to sue her siblings to recover her substantial attorneys fees ($200,000) and or treble damages? The plaintiffs, all along figured they would bully my mother into backing off and are now delaying to keep the bill running so there will be nothing left for my mother when all is said and done.
1 Answer from Attorneys
Re: Recovering attorney fees
The question you are asking would be best answered by your mother's attorneys. They are the most familiar with the case and the facts that can be demonstrated.
Your mother may have an action for abuse of process, if clearly there claim was without merit or at least from the time they (Plaintiffs) knew that their claim was without merit.
Your mother's attorneys may be waiting until the case is finished to file a claim for abuse of process.
Without reviewing the record of the case, it is impossible to determine what actions your mother may have to recover the legal fees.
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