What is the right of an executor to obtain documents from decedent’s lawyer who the lawyer for the estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the right of an executor to obtain documents from decedent’s lawyer who the lawyer for the estate?

This is in conjunction with a “land exchange” the decease participated in with family not named in will prior to his death. The executor was notified the property that was exchanged has boundary dispute with neighboring land. The lawyer refuse to provide the executor with the decedents papers/files from the transaction.The lawyer in question is a family lawyer. He did all the paperwork for the father and brothers for over forty years, he handled the property exchange and he is the lawyer for the estate where the property is located.

Asked on July 25, 2013 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

An executor has great power to obtain what ever papers are necessary in order to properly perform their duties in the probate of the estate of the decedent.  More information is really needed here to determine if the papers are necessary to probate and I believe the real issue is if the attorney involved may be crossing the line representing the estate and the beneficiaries of the estate.  It seems like there could be a conflict.  I would speak with your attorney for the estate and discuss how you wish to proceed.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption