Legal Question in Wills and Trusts in Nevada

I did not receive an adequate accounting from the law firm that represented the executor who was responsible for the distribution of my aunt's estate. Within days of requesting a proper receipts and disbursement statement, the distinguished head of the law firm issued a Petition for Declaratory Ruling saying I was not entitled to a share of the estate. The basis was a series of emails I had sent to an attorney with the executor's law firm questioning the integrity of the executor. The executor's attorney had charged me personally for advising me which is documented in the emails. Is the executor's law firm guilty of 1. not giving an accounting of the estate and 2. making me pay for their advice to me, and 3. basing their case against me on emails?


Asked on 9/18/10, 6:29 am

1 Answer from Attorneys
Jonathan Reed Reed & Mansfield

Presumably, the executor's law firm satisfied the Probate Court that the Executor gave a proper final accounting of the estate. One would have to examine the Court file to see if this presumptin is correct and if so whether the Probate Court make a proper determination that the accounting was adequate.

From the way you describe the situation the executor's law firm took an adverse position against you in representing the executor. Therefore, it could not ethically give you unbiased advice or represent you. Therefore, it could not charge you for advice. As you have described the situation, if the law firm chose to spend time advising you of the executor's position against you it should have charged the estate and advised you that it could not give you unbiased advice.

You have not explained why Executor took the position that you were not entitled to anything in the estate. Therefore, I cannot offer any comments on whether the decision was proper. It is possible to imagine a situation in which someone makes statements in an e-mail that destroy their claim.

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Answered on 9/23/10, 11:37 am


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