Legal Question in Wills and Trusts in Pennsylvania

subpeona for private financial documents

My mother and her siblings are involved in a suit regarding the estate of her mother (my grandmother). I purchased my grandmothers house 18 months before she died. I have just been subpeonad to provide all documents pertaining to the mortgage app and closing of the house, also all of my personal checking and savings account statements from 2 months prior to the purchase, up to the time of her death. I am not named in the lawsuit. Do I have to provide these documents? I feel my 4th ammendment rights are being violated.


Asked on 3/08/09, 3:46 pm

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

Re: subpoena for private financial documents

The 4th amendment only applies to criminal cases not civil.

I find it hard to believe that they need all that information. You could file a motion to quash the subpoena.

You do have the right to ask why they want the documents requested. Most of the relevant information is in the public record.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 3/08/09, 4:12 pm
Michael Berman Law Offices of Michael A. Berman

Re: subpeona for private financial documents

My quick answer is it may be easier to supply them with redacted documents (omit your private data) than to fight it out in Court. If you choose to fight, you'll have to pay for counsel. You may want to have counsel anyway, but that's just my opinion. It looks to me like you'll have to testify at some point, mostly about the condition of the house you bought and how it was an arm's length, fair market transaction.

If you have any questions, feel free to contact me direct at [email protected]

Mike

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Answered on 3/08/09, 7:56 pm


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