how do you file a judgement against the exectutor of an estate for not timely closing the estate?

Question

It has been 18 months no taxes are owed. My attorney will not tell me the truth I have caught him in so many lies I have tried to fine another attorney but no one I have talked will take the case. She is hiding assests I have proof of that and yet no one will help me. The court will not talk to me you have to have an attorney.

I am not the executor because my parents made there will out back in the '89 and my father passed away in 2005 I was his power of attorney when he became ill my sister kind of vanished when he got sick and when I went to bring his clothes to the funeral home she was there and said "where is the will" enough said.

Answer 1

You can go to the Probate Court and look over the file to see if it verifies your accusations. You really do need to consult another attorney. You will find an attorney who will do so if you try. You will get no relief on this website.

Answer 2

Find out if your local magistrates office will handle it, you'll have to have all the info before you go in. They usually have a limit as to how much they will handle (here it is $5000) but, they may still give you some advice. If there was a will and you are named as a beneficiary there should have been a meeting long ago telling you what was in the will. Also if there was life insurance and you are the beneficiary contact the insurance company, fax them a copy of the death certificate and see if this attorney claimed it. Also, this attorney will get $ for being executor so maybe that is the money you believe is being hidden. You can also call the Atty General in your state for info and contact an attorney in another city to see if they would take the case on contingency-they only get paid if you do. Who died? Why aren't you the executor?

Answer 3

Actually, the Court CANNOT talk to you when you have an atty. If you want to talk with the Court, you have to get rid of your attorney. It's unethical for a judge to talk with a party without the attorneys present. So-file a disciplinary complaint with your state bar and your atty will remove himself. The disciplinary complaint will be investigated by the Disciplinary Board and they will help you find an atty to close the estate. Have you tried calling your state bar office for a referral? My state has a complete referral system for full fee, reduced fee and free cases. Have you asked your friends for a referral? The better attys do not advertise. I get all my clients from referrals. Who do you know who has lost a loved one? Ask those people for referrals.