Philadelphia, PA asked in Contracts, Criminal Law, Elder Law, Estate Planning and Probate for New Jersey

Q: Lawyer drafted a trust, will and POA document. Less than two years later POA/Trustee is being taken to court by benefici

Beneficiary has evidence to prove the POA/Trustee is breaching his fiduciary duties. Beneficiary hires a lawyer. His lawyer petitions the court for a discovery which is denied. Judge orders a deposition of the POA/Trustee. My lawyer failed to reveal a significant amount of info to persuade the judge. My lawyer advises me to drop depo and persue mediation. Defendent's lawyer will not mediate. Lawyer advises me to go after POA when dad passes and accept a yearly acct. for trust. 3 months later I discover, POA brought father to lawyer to remove me from will, one month before hearing, he and lawyer knowing that only beneficiaries can request accounting of father's assets from POA. I discovered while looking over my documents that I was entitled to this info all along. My lawyer had the document and missed it. I have a recording of dad saying it was POA & his decision to remove me, I have evidence POA is lying. Dad tells me he was left 2 LIP, I know of 4. Dad: POA won't tell me anything.

2 Lawyer Answers
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: You didn't ask a specific question, I suggest that you seek an in office consultation to get a second opinion if you don't like what your lawyer is telling you or what he is asking you to do. That being said expect a lawyer to charge you for his time and advise.

Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: While this matter seems like a "family law" matter, it is actually an estate law matter and you need to talk with an estate law specialist who handles estate litigation. This is not the type of matter that you go to a general practitioner who advertises that he also handles estate claims. Too often, people go to general practitioners, thinking that they will save money or that every lawyer can handle every type of claim with the same level of knowledge. Wrong! If you had a brain tumor, would you go to a general doctor, whose website says that he can handle cancer issues or would you go to a specialist - since you dont want to take chances. Its the same here - you need a consultation with a certified estate law attorney who is experienced with estate litigation.

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