Legal Question in Wills and Trusts in Massachusetts
Subpoena
I was subpoened for a deposition in a probate case after the death of my longtime companion. One of my boyfriends sister was named executrix, however that is being challenged by other siblings who seem to have their own ideas about what should happen to his small estate.
Both execturix to be and myself were deposed months ago without interruption, and now we were served a second subpoena to appear before siblings attorney with all our financial records including, checks, bank books, retirement accounts etc for the period of time 6 months prior to my boyfriends death to present. Also my employers have been subpoened to provide any and all records with regards to my earnings from 6 months prior to death of boyfriend. Executrix to be sister has a lawyer and has rec'd advise that it is illegal to be deposed twice in the same case and that she will not be appearing or providing information regarding her finances.
I have no lawyer and no means to obtain one for a case which has gone on for over 2 1/2 years now.
Do I need to give another deposition and provide documentation of such a personal matter such as my checks and statements? Do my employers?
1 Answer from Attorneys
Re: Subpoena
I have not been able to find any statute or rule that limits the number of times a party or witness may be deposed. The purpose of discovery (which a deposition is a part of) is to see if there may be evidence relevant to a case. My guess is that they want the income and other financial information to see if you took or were given any money that was due to or belonged to your boyfriend. Your pay is relevant, since you may have deposited more money than you earned, which would be evidence that the boyfriend gave you some or all of his earnings or savings.
This sounds like overkill in a small estate. You can file a motion in the probate court asking the judge to quash the subpoena, you don't need a lawyer to do this. The clerk will give you a motion form, and you can ask the clerk to have the judge hear your motion without notice to the lawyer issuing the subpoena, although you would be better off calling the lawyer before you go down to the courthouse and letting him/her know you are moving to quash the subpoena.
If the previous deposition did not cover the issues sought to be covered by the new subpoena, and the information is significant for the case, the judge probably will not quash it.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
