A relative passed away almost three years ago and left everything 50/50 to two people who aren't arguing about anything.
The attorney that was appointed to handle this by the relative before they passed refuses to finish taking care of things. Court deadlines have been missed. Nothing is settled.
What are our rights? - how can we make him get this done? Please help!
2007-11-08 07:58:20 · 6 answers · asked by blahblah 3 in Politics & Government ➔ Law & Ethics
A lot of the stuff that seems like it would be hard is done, he just won't finish settling it.
We have asked what the hold up is and get little explanation -except once a lame excuse about a paralegal's maternity leave.
We're considering contacting the common pleas court judges office where he is a year past the last extension he got
2007-11-08 08:08:24 · update #1
Thanks Richard
When we found out we could do that we almost did, but we spoke with an accountant who said that this far along in the process - dumping him would probably cost us more money.
I really just want to force him to be done at this point.
2007-11-08 08:10:45 · update #2
Depending on the nature of the assets this can take time. Tax returns have to be filed and estate income tax paid. This means dealing with many levels of government, none of which are quick.
Also, keep in mind that you are not the only client this lawyer has. What may sound easy and quick and simple is not always quick and easy...thats why the lawyers are needed.
That being said....you can apply to the courts for a passing of accounts and to have the lawyers bill taxed which should speed up the process.
In addition, you could send the lawyer a formal letter requesting an update on the file and an anticipated time line for completion within a certain amount of time failing which you will be retaining other counsel.
2007-11-08 08:37:37 · answer #1 · answered by elysialaw 6 · 0⤊ 0⤋
Unfortunately, this kind of thing can take a lot longer than 3 years. The attorney, however, doesnt seem to being doing his job. He has to answer to a governing board just like everyone else. Tell him you will report him unless he gets on the ball. You'd be surprised how fast he'll start to move if you do that. I do it with our doctors and nurses. That's what the board is for.
2007-11-08 16:31:28 · answer #2 · answered by phlada64 6 · 0⤊ 0⤋
Maybe you are not contesting it but the actual ownership of the assets is difficult to unwind or liquidate.
Why not ask what the hold up is in as much detail as he can muster?
2007-11-08 16:03:08 · answer #3 · answered by Barry C 7 · 0⤊ 0⤋
You should contact another attorney for advice on the laws in your specific state.
2007-11-08 16:37:33 · answer #4 · answered by ? 3 · 0⤊ 0⤋
It should have been settled. Why is the lawyer missing deadlines? It's unresonable for him/her to take this amount of time to settle something that's simple.
2007-11-08 16:06:28 · answer #5 · answered by Lex 7 · 1⤊ 0⤋
If you can't get the lawyer to explain why there's such a delay, the executor of the estate can fire him and hire another one.
Richard
2007-11-08 16:06:00 · answer #6 · answered by rickinnocal 7 · 1⤊ 0⤋