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When my father passed away, I went to the law firm that wrote his will. I requested to see everything he had regarding my father's will. He responded to me Get a subpoena.

This legal question related to wills in Missouri has been answered.

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Location: Missouri  |  Law type: wills Commented 4x
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I attempted to obtain documentation from my father's attorney after he had passed.  The attorney stated to me that it is attorney client privileged information, and he didn't have to give it to me or any of my family.  After reading an attorney's responsibility regarding his clients will and one that is an heir has legal right to see this information.  What can be done? Only thing I want to see is documents in the attorney's file.  Due to the fact rumor has it that there is information in his procession that defined legally the documentation on how his estate was to be addressed.


Losing a loved one is a difficult and emotional experience, and dealing with the legal aftermath can be overwhelming. It is understandable that you want to see the documents in your father's attorney's possession to understand your father's wishes better. However, the attorney's response of attorney-client privilege is also legally valid. In this situation, it is important to understand your legal rights and what steps you can take to obtain the documents you seek.

Possible Solutions

As the attorney-client privilege protects the confidentiality of the communication between the client and the attorney, you may need to get a court order to gain access to the documents you seek. In Missouri, this means obtaining a subpoena. A subpoena is a legal document that orders someone to appear in court or produce evidence. To obtain a subpoena, you will need to contact a court clerk in the appropriate jurisdiction and follow the necessary procedures. A subpoena may not always be necessary, but it can be helpful to have one ready in case the attorney continues to refuse to provide the documents.

Fees and Costs

Here is a table of estimated fees and costs associated with various issues and services in the Missouri area:

Service Cost Estimate
Court Filing Fee $20 - $300
Attorney Hourly Rate $200 - $500
Subpoena Filing Fee $50 - $200
Process Server Fee $50 - $100 per person served

Please note that these are only estimated costs and may vary depending on the location, type of law, and the attorney's experience, skills, and knowledge.

Relevant Links

Here are some relevant links to help you understand your legal rights and obtain further information:

Positives/Negatives

Positives:

  • The attorney-client privilege is a crucial protection that allows clients to trust their attorneys with sensitive information.
  • The legal system provides procedures like subpoenas to ensure that everyone has access to justice.

Negatives:

  • Obtaining a subpoena can be time-consuming and expensive.
  • The process can be emotionally challenging for someone who has recently lost a loved one.

Legal Disclaimer

Please note that the information provided is for educational purposes only and does not constitute legal advice. Reading this text does not create an attorney-client relationship.

Summary

It can be challenging to access a deceased loved one's will and other legal documents in the possession of their attorney. While the attorney-client privilege is valid, you may need to obtain a subpoena to gain access to the documents. The process can be costly and time-consuming, but it is essential to understand your legal rights and explore all options available. Finally, we advise you to reach out to an experienced attorney to guide you through the process.

Commonly posted questions...

Lawyer passed away
9 months ago, wills, Aliquippa
How much does it cost to create a will?
1 year 11 months ago, wills, Jacksonville

Legal Solution

The response provided below is specific to wills in the jurisdiction of Missouri. If the response is inadequate, please submit a detailed inquiry.

Legal Impediments to Accessing a Deceased Parent's Will in Missouri

After the passing of a loved one, accessing legal documents, such as a will, becomes an immediate concern for the heirs. Based on the presented situation, it seems there's a conflict between an heir's right to access their deceased parent's will and the attorney's claim of attorney-client privilege.

Relevant Statutes and Resources:

Solutions:

  1. Legal Entitlement: In Missouri, after a person's death, their will becomes a public record once it's submitted for probate. As a potential heir, you have a legal right to view the will. If it has not been submitted to probate, consider seeking a court order to enforce your rights.

  2. Open Communication: Engage the attorney in a dialogue. Explain your status as an heir and your legitimate interest in viewing the will. Sometimes, misunderstandings can be resolved through straightforward communication.

  3. Professional Intervention: If you suspect there are unshared documents or potential misconduct, consider hiring a probate lawyer to review the matter on your behalf. They can advise you on the legal steps and potentially mediate between you and the attorney holding the will.

  4. Legal Action: As a last resort, consider taking legal action to compel the attorney to release the will. Remember, taking such a step should be your last option and only pursued when you believe your rights have been significantly infringed upon. You might find the right lawyer to guide you through this process.

Average Costs of Probate and Legal Services in Missouri:

Service Average Price
Initial consultation with a probate lawyer $250 - $400
Mediation services $1000 - $3000
Filing a court order $500 - $1000
Legal representation (per hour) $200 - $500

Prices may vary based on the complexity of the case, the reputation of the lawyer, and other factors. Some lawyers may offer flat fees for certain services.

Clarification and Action:

In order to provide the most accurate advice, it would be helpful to know if the will has been submitted to probate and if there are other family members involved in this matter. Remember, the legal process can be intricate, and having a clear understanding of the situation is vital.

Don't hesitate to seek legal counsel. Navigating these issues alone can be daunting; having a professional by your side can provide peace of mind.

Relevant Questions:

  • Have you or any family member initiated the probate process?

    Understanding if the probate process has started will determine your immediate next steps.

  • Are you aware of any other wills or testamentary documents your father may have had?

    Multiple wills can complicate matters; it's essential to have clarity on all potential documents.

  • Have other family members or beneficiaries experienced similar resistance from the attorney?

    Knowing if this is an isolated incident or a recurring issue can guide your approach.


Q1: Can an attorney withhold a will citing attorney-client privilege?

No. Once a person has passed away, and the will is submitted to probate, it becomes a public document. Attorney-client privilege typically does not extend to prevent heirs or beneficiaries from accessing the will.

Q2: How long after a person's death should a will be submitted to probate in Missouri?

Generally, it's advisable to initiate the probate process soon after the death. However, specific timelines can vary based on circumstances.

Q3: What if the attorney has lost or misplaced the will?

If an attorney loses or misplaces a will, they might be liable for negligence. In such cases, other evidence or documents may be used to determine the deceased's wishes.

Q4: Can I represent myself in probate court?

Yes, you can represent yourself. However, the probate process can be complex, and having a probate attorney can be beneficial.

Q5: Are there any alternatives to the traditional probate process in Missouri?

Yes, Missouri offers simplified probate procedures for smaller estates. It's advisable to consult with an attorney to understand if these alternatives apply to your situation.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "When my father passed away, I went to the law firm that wrote his will. I requested to see everything he had regarding my father's will. He responded to me Get a subpoena." has been changed 1 year 7 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Missouri & area of law: wills.
Latest reviews & rating
Last answer by Customer  |  Written  1 year 11 months ago
Written by Dennis Keating (review) Fri, 09/09/2022 - 22:09 When my father passed away, I went to the law firm that wrote his will. I requested to see everything he had regarding my father's will. He responded to me Get…
Last answer by Dennis M Keating (review)  |  Written  1 year 11 months ago
Written by Dennis Keating (review) Fri, 09/09/2022 - 22:09 When my father passed away, I went to the law firm that wrote his will. I requested to see everything he had regarding my father's will. He responded to me Get…

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Comments: answer this question

"When my father passed away, I went to the law firm that wrote his will. I requested to see everything he had regarding my father's will. He responded to me Get a subpoena."

Missouri wills

If you are having legal problems, you can get free legal assistance from lawyers in your area. We assist you to find and compare law firms in your area by clients' reviews, prices (legal fees), and other parameters. You can ask a legal question or find an attorney.

Written by Counselor
Sat, 05/06/2023 - 12:11

Losing a loved one is a difficult and emotional experience, and dealing with the legal aftermath can be overwhelming. It is understandable that you want to see the documents in your father's attorney's possession to understand your father's wishes better. However, the attorney's response of attorney-client privilege is also legally valid. In this situation, it is important to understand your legal rights and what steps you can take to obtain the documents you seek.

Possible Solutions

As the attorney-client privilege protects the confidentiality of the communication between the client and the attorney, you may need to get a court order to gain access to the documents you seek. In Missouri, this means obtaining a subpoena. A subpoena is a legal document that orders someone to appear in court or produce evidence. To obtain a subpoena, you will need to contact a court clerk in the appropriate jurisdiction and follow the necessary procedures. A subpoena may not always be necessary, but it can be helpful to have one ready in case the attorney continues to refuse to provide the documents.

Fees and Costs

Here is a table of estimated fees and costs associated with various issues and services in the Missouri area:

Service Cost Estimate
Court Filing Fee $20 - $300
Attorney Hourly Rate $200 - $500
Subpoena Filing Fee $50 - $200
Process Server Fee $50 - $100 per person served

Please note that these are only estimated costs and may vary depending on the location, type of law, and the attorney's experience, skills, and knowledge.

Relevant Links

Here are some relevant links to help you understand your legal rights and obtain further information:

Positives/Negatives

Positives:

  • The attorney-client privilege is a crucial protection that allows clients to trust their attorneys with sensitive information.
  • The legal system provides procedures like subpoenas to ensure that everyone has access to justice.

Negatives:

  • Obtaining a subpoena can be time-consuming and expensive.
  • The process can be emotionally challenging for someone who has recently lost a loved one.

Legal Disclaimer

Please note that the information provided is for educational purposes only and does not constitute legal advice. Reading this text does not create an attorney-client relationship.

Summary

It can be challenging to access a deceased loved one's will and other legal documents in the possession of their attorney. While the attorney-client privilege is valid, you may need to obtain a subpoena to gain access to the documents. The process can be costly and time-consuming, but it is essential to understand your legal rights and explore all options available. Finally, we advise you to reach out to an experienced attorney to guide you through the process.

Written by Dennis M Keating (review)
Sat, 05/06/2023 - 14:28

Just like a power of attorney it is not longer valid once the individual is deceased.   I have read the same goes with the attorney client privledge, once the person has pasted the heirs have a right to see the informtion they may have had and no subpeona is required due to the death of the person they once represented.

If you are having legal problems, you can get free legal assistance from lawyers in your area. We assist you to find and compare law firms in your area by clients' reviews, prices (legal fees), and other parameters. You can ask a legal question or find an attorney.

Written by Counselor
Sun, 05/07/2023 - 02:32

Hello Dennis, thank you for a quick response:

The Attorney-Client Privilege after Death: Understanding Your Rights

Losing a loved one is a difficult experience, and it can become even more challenging when legal issues arise. One common question that many heirs may have is whether they have the right to access their deceased loved one's attorney-client privileged information.

In general, the attorney-client privilege is a legal protection that keeps communications between an attorney and their client confidential. However, this privilege typically ends upon the death of the client. As a result, heirs may be entitled to access privileged information without a subpoena, depending on the specific circumstances.

Possible Solution: Seeking Legal Guidance

If you're unsure about your rights regarding your loved one's attorney-client privileged information, it's essential to seek legal guidance. A qualified attorney can provide you with a clear understanding of your rights and options. You can explore and compare lawyers in your area to find the best one that suits your needs and budget. By using legal directories like Explore Lawyers, you can get information on attorney costs, areas of expertise, experience, and location.

Legal Fees and Costs Associated with Various Issues and Services

Legal fees and costs can vary depending on the type of law, location, and experience of the attorney. Here's a table of estimated unrounded legal fees and costs for various legal services:

Legal Service Estimated Cost
Estate Planning $1,500 - $3,500
Probate $3,000 - $8,000
Real Estate $1,500 - $3,500
Family Law (Divorce, Custody) $3,000 - $8,000
Criminal Defense $2,500 - $10,000

Please note that these are just estimates, and actual fees may vary based on your unique situation and the attorney you hire.

Relevant Links

If you have questions or need help finding the right attorney, consider using these relevant links:

Positives and Negatives

Positives:

  • The attorney-client privilege typically ends upon the death of the client, giving heirs the right to access privileged information.
  • Seeking legal guidance can help you understand your rights and options regarding your loved one's attorney-client privileged information.

Negatives:

  • The cost of legal services can be high, depending on the type of law, location, and experience of the attorney.
  • Actual legal fees may vary based on your unique situation and the attorney you hire.

Legal Disclaimer

Please note that this article is for informational purposes only and does not constitute legal advice. The information provided is not a substitute for the advice of a qualified attorney licensed in your state. Using the provided links or contacting an attorney via Explore Lawyers does not create an attorney-client relationship.

Summary

In summary, heirs may be entitled to access their deceased loved one's attorney-client privileged information, depending on the specific circumstances. Seeking legal guidance is crucial to understanding your rights and options. Legal fees and costs can vary depending on the type of law, location, and experience of the attorney. Using Explore Lawyers can help you find the right attorney for your needs and budget.

Key Facts:

  • The attorney-client privilege ends upon the death of the client.
  • Heirs may be entitled to access privileged information without a subpoena.
  • Seek legal guidance to understand your rights and options.
  • Legal fees and costs can vary depending on the type of law, location, and experience of the attorney.
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