PROBATE: CAN AN ATTORNEY LIE TO A 3RD PARTY?
My grandmother passed away and my father is the executive of her estate. I do not get along with my father and have reason to believe he does not want me to inherit anything.
Through the court website I found the attorney representing my father for the estate case, and I asked her if I was in the Will because I do not trust asking my father.
The attorney told me I am not in the will. Is there any chance that they are lying to me on behalf of my fathers wishes? It seems there would be no concequence for her doing so.
If I am in the will, I believe my father would postpone informing me as long as possible so that I could not get a copy of the Will and get an estate loan. That is why I believe he’d have his attorney lie to me.
- Anonymous7 months agoFavorite Answer
Here is a hint:
I do genealogy, and have copies of most of my recent ancestor's wills in my research. The lawyer is capable of lying, but it would be a really bad lie because you can get your hands of a copy of the will quite easily.
- STEPHENLv 77 months ago
You need to understand the difference between "can" and "should".
- 7 months ago
They have a legal obligation (as does your father) to execute the will as stated.
- STEVEN FLv 77 months ago
The will is PUBLIC RECORD. If I knew your grandmother's name and the jurisdiction, I could have a copy of the will by the end of the week. There would be NO REASON for the attorney to lie about something that easy to verify.
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- curtisports2Lv 77 months ago
You think this because you have no understanding of probate. If you are in the will, you will receive a copy of it along with a letter that briefly explains the procedure. The 'reading of the will' is something for movies and TV.
The will must be filed with the appropriate court. In my state, it's Surrogate Court; in others it may be called something else. The estate must clear probate. Probate is the process that allows time for parties to a will to be notified and to acknowledge their receipt of the will and return that acknowledgement to the attorney for the estate. It provides time for creditors of the estate to file their claims against the estate. It provides time for the executor (not executive) to document assets, begin turning at least some of them into cash, start paying all estate debt, and then, when all estate debt is paid and probate court approves and the estate clears probate, the executor can begin to distribute assets of the estate according to the will. If you were named in the will, you would have heard. Your father and his lawyer can't stop you from being notified unless they don't file the will with the court. The penalties for that are pretty severe and not worth attempting.
Unless you were your grandmother's ONLY surviving relative, you would have no claim to her estate, and no legal basis for challenging a will that didn't name you.
- Anonymous7 months ago
You are remarkably confused. For starters, it’s the EXECUTOR of the Will, not the executive.
CAN an attorney lie? Of course. CAN you lie? Of course. Why do you think you are entitled to inherit? Did your grandmother specifically tell you that she mentioned you in her Will? What is your specific entitlement? You are second generation and NOT entitled to inherit as long as your father (first generation) is alive.
WHERE matters. In MY State all Wills must be filed with Probate Court. Wills that leave millions and Wills that leave nothing, all assets having been used, are filed for probate. Anyone can go to Probate Court and look at any or all of the Wills. Again, WHERE?
What “estate case” are you talking about? There’s a lawsuit over the Will? There’s some type of legal proceeding other than probating the Will?
In MY State anyone who would be entitled to inherit - the line of inheritance - is required to be notified and to sign a release. It appears your father would be entitled to inherit before you are entitled; therefore, there would be no need to notify you.
Find out what the “estate case” involves, go to the Court, ask to see the file, read the Will.
- MorningfoxLv 77 months ago
There would be very serious consequences against any attorney who said that you were not in the will, when you really were. So yes, of course she *could* lie, but she risks losing her license and getting sued by you. On the other had, you would have a hard time proving that she lied, unless you had a letter from her or witnesses. The will is public record, you can go to the court and read it for yourself. Or even make a copy at the regular outrageous fee.
This is in Arkansas? I have read that probate is not required if the estate is not contested, if there are no creditors, and the estate value is less than $100,000. Do you think that is all true for your case? Also, you could potentially sue anybody who has fraudulently concealed or participated in the concealment of a will.
In any case, I think you need to go to the probate court and read the will.
- Anonymous7 months ago
Sure they can lie but they would likely be caught . There would be more than a your dads lawyer involved. It goes to court when a will goes to probate. So it would a lot more people lying than just your dad and his lawyer.
How do I know. I just went through this .
If you feel u have a claim go get a lawyer and contest the will. You can believe anything u want you hav
- Anonymous7 months ago
My god that you are awaiting an inheritance so you can get a loan against any distribution you might get is very revealing. Maybe grandmother saw through you and left you nothing.
Since you are awaiting an inheritance to fund your life I guess you getting your OWN Atty is out of the question?
- regeruggedLv 77 months ago
The attorney would have no reason to lie. Once the will is probated, it is a public record. Then you can read it yourself.