Found out the Admin' Attorney of an Estate defrauded me

[Linchie]

Jurisdiction

Minnesota

Hello and YES...I know, GET A LAWYER! Well, it's Sunday evening and YES, I'll find a Lawyer tommorrow.

The facts -

My mother passed away (intestate) in the State of Minnesota

I , an Heir, reside in the State of Montana

A brother, who was feeling guilty, forwarded me a bunch of emails late Friday evening from the Estate's Attorney that showed a conspiracy between my Brother and the Attorney to hide assets from the Estate and to defraud me. The Attorney (and the brother) profited handsomely from assets that were due to me

Certainly, I have the grounds to go after this Attorney...and much of the proof will be the testimony of my Brother and the emails from the Attorney

QUESTION IS: Do I obtain an Attorney in Minnesota (where Estate is based at) or can I, as a victim of a crime, retain an Attorney here in my home State of Montana....and have that scum bag be forced to come here to face the music?

Thank you

 

[Tax Counsel]

Certainly, I have the grounds to go after this Attorney...and much of the proof will be the testimony of my Brother and the emails from the Attorney/

You certainly could sue the estate and its representative for the share of the estate that you were entitled to get and did not receive. Whether you can successfully sue your brother's lawyer depends on exactly what the lawyer did. It's not automatic that the lawyer owes you for your brother's deceit.

QUESTION IS: Do I obtain an Attorney in Minnesota (where Estate is based at) or can I, as a victim of a crime, retain an Attorney here in my home State of Montana....and have that scum bag be forced to come here to face the music?

Your lawsuit would be a civil matter. Only the government initiates criminal prosecution. Unless the lawyer has sufficient connections to your state to be subject to jurisdiction there you will need to sue the lawyer in the state in which the lawyer resides and practices law.

 

[Zigner]

Hello and YES...I know, GET A LAWYER! Well, it's Sunday evening and YES, I'll find a Lawyer tommorrow.

The facts -

My mother passed away (intestate) in the State of Minnesota

I , an Heir, reside in the State of Montana

A brother, who was feeling guilty, forwarded me a bunch of emails late Friday evening from the Estate's Attorney that showed a conspiracy between my Brother and the Attorney to hide assets from the Estate and to defraud me. The Attorney (and the brother) profited handsomely from assets that were due to me

Certainly, I have the grounds to go after this Attorney...and much of the proof will be the testimony of my Brother and the emails from the Attorney

QUESTION IS: Do I obtain an Attorney in Minnesota (where Estate is based at) or can I, as a victim of a crime, retain an Attorney here in my home State of Montana....and have that scum bag be forced to come here to face the music?

Thank you

Why don't you go after your scum bag brother?

 

[zddoodah]

Minnesota.

 

[Linchie]

Well, met with a 'real' Attorney. YES - can definately go after the scumbag Estate Lawyer YES - even though my brother fessed up and offered up definate proof of a conspiracy, he also is not immune YES - even though Estate was conducted in Minnesota I can pursue the scumbag Estate Lawyer here in my home state of Montana

Who are you guys anyway? While at my Attorney's office he pulled up this website, read all of your responses and also saw the response from the guy who called ya'all out that of course, you promptly deleted before you thought anybody saw it

 

[Zigner]

Well, met with a 'real' Attorney. YES - can definately go after the scumbag Estate Lawyer YES - even though my brother fessed up and offered up definate proof of a conspiracy, he also is not immune YES - even though Estate was conducted in Minnesota I can pursue the scumbag Estate Lawyer here in my home state of Montana

Who are you guys anyway? While at my Attorney's office he pulled up this website, read all of your responses and also saw the response from the guy who called ya'all out that of course, you promptly deleted before you thought anybody saw it

Why the hate? Your attorney told you exactly what you were told here, except that your attorney feels you can pursue this in your home state.

 

[Tax Counsel]

Well, met with a 'real' Attorney. YES - can definately go after the scumbag Estate Lawyer YES - even though my brother fessed up and offered up definate proof of a conspiracy, he also is not immune YES - even though Estate was conducted in Minnesota I can pursue the scumbag Estate Lawyer here in my home state of Montana

Who are you guys anyway? While at my Attorney's office he pulled up this website, read all of your responses and also saw the response from the guy who called ya'all out that of course, you promptly deleted before you thought anybody saw it

Your lawyer presumably saw the e-mails and had other information you had not shared here. Having all the facts matters, as I indicated before. All I can do is work off the limited information you provided here. I too am an attorney, and I stand by what I said before — Montana must have personal jurisdiction over the lawyer for the courts of that state to be able to hear the case against him. In order to have jurisdiction, the lawyer must have sufficient contacts in that state to be subject to jurisdiction there. Did this lawyer you talked to address that? On what basis does that lawyer think there is jurisdiction in Montana against a lawyer who apparently lives and practices in Minnesota? If you don't have those answers, you should ask the lawyer about it. The answers might be quite illuminating once you make the lawyer focus on it.

 

[zddoodah]

YES - even though Estate was conducted in Minnesota I can pursue the scumbag Estate Lawyer here in my home state of Montana

Just because you're in Montana does not mean the Minnesota lawyer is subject to jurisdiction in Montana, and no other facts in your post support the existence of jurisdiction in Montana. What facts and documents did this glorious lawyer of yours have access to that we don't and didn't have?

In addition to what "Tax Counsel" wrote, what good will it do you to sue a Minnesota lawyer in Montana? Even if you win, you'll get a judgment that can only be enforced within the borders of the State of Montana. Does this attorney have assets or a source of income in Montana? If not, then you'll have to take your Montana judgment and have it domesticated in Minnesota. While that's a fairly simple process, it's an extra expense that you wouldn't incur if you sued in Minnesota. AND, if the Minnesota lawyer disputes the Montana court's exercise of jurisdiction, he can challenge that when you try to domesticate your Montana judgment. That's even more expense that you wouldn't incur if you sued in Minnesota in the first place. AND, if he convinces the Minnesota court that the Montana court lacked jurisdiction, then you'll be back to square one and will have to sue again in Minnesota. Did your wonderful Montana lawyer discuss all THAT with you? Why don't you show him this post and see what he thinks? For that matter, why not have him post here to let us know what he thinks?

Who are you guys anyway?

Two of the first three responses were from lawyers who have been volunteering on sites like this for 20 years or more. The third was not by a lawyer, but that response merely asked a question. Nevertheless, as far as you're concerned, we're all anonymous strangers on the internet, and you have no way of verifying our credentials.

 

[adjusterjack]

Who are you guys anyway? While at my Attorney's office he pulled up this website, read all of your responses and also saw the response from the guy who called ya'all out that of course, you promptly deleted before you thought anybody saw it

That post was deleted due to profanity which is not tolerated on this site.