Legal Question in Wills and Trusts in Massachusetts
subpeona of financial statements
My sister is contesting my mother's final will disbursement.
I am one of the persons named in the will to receive an equally divided inheritance. The court has sent a subpeona to the bank recuesting requesting my financial statements back 10 years. What right does she have to do this? My personal bank accounts have nothing to do with my mother's estate. what should I do? My sister is representing herself in this matter.
3 Answers from Attorneys
Re: subpeona of financial statements
Subpoena's are issued by attorneys or parties to an action in court. It would appear your sister has filed a complaint arguing that you have taken an advancement against your portion of the estate or otherwise converted assets of the estate. You should seek legal representation as soon as possible. I assume you have been served with a complaint, you should provide that to the attorney as well as the subpoena as soon as possible.
Re: subpeona of financial statements
A court does not usually issue subpoenas. They are issued by a party (or the attorney for a party). I would have to see the complaint or objection to the final distribution to be certain of anything. My guess, based on what little information you have provided, is that the objection is either that you obtained advances on your share of the estate or that you illegally converted your mother's funds to your own use. I strongly suggest you bring a copy of all the estate documents to me or another lawyer to get a more precise answer, and to protect yourself from possible self-incrimination.
Re: subpeona of financial statements
First of all please accept my condolences on your loss of your Mother. Subpoenae are normally not issued by the Court, but by an attorney for a party. Retain an attorney to seek to quash the subpoena and/or protect you from possible incrimination for coverting your late Mother's funds or to prevent gifts to you prior to her death being classified as advances that should be setoff against your equal share of her estate.