Legal Question in Wills and Trusts in Massachusetts
Responsibilities,payments of wills
After my dad died, one of the siblings contested his will. Everything was paid for by me for Probate, and court contestment to the tune of $13,000 to my attorney. Now comes the closing of the probate and other paper work. Am I responsible for payment, as my attorney is stating that an additional $3,000.00 will probably be needed or should the other two siblings split these costs with me as this would not have happened without them. Thank you in advance for your assistance.
1 Answer from Attorneys
Re: Responsibilities,payments of wills
This is somewhat annoying, to hear you ask this question.
Why didn't you ask this of the attorney you hired?
Were you the executor / executrix named in the will or appointed by
the Court? If so, the usual situation is that the estate pays for the
cost of defending the will, especially if the will contest LOST (and your
attorney won). However, I cannot imagine why your attorney has not already
told you this.
Perhaps you've omitted some key fact in your presentation. Perhaps you should
call me, but you should already know what your own attorney has to say about it.
I don't understand why he's asking you for the $3,000 instead of taking it from the
probate estate, and I don't know why you haven't taken back your $13,000 from the
probate estate, or why he even took the money from you at the outset. But don't mention
my name to your attorney, PLEASE!
Seriously, there's more to this than you're telling, isn't there?
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Newton, MA
02459-2509
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