Lawyer trouble.

   / Lawyer trouble. #52  
Except, don't gift real estate. Sell it for a dollar, otherwise there could be tax consequinces.
Definitely!!! We sold 3 properties together and a lawyer wanted all the proceeds apply to one of the three and the other two we were supposed to gift. No Way! We spent months arguing over this, finally changed to a lawyer that would go to court and it was resolved in a few weeks. Our CPA did confirm that there would be major tax consequences for a real estate gift.
 
   / Lawyer trouble. #54  
He also doesn't return my phone calls or text messages
I'm an attorney. In the three states where I am licensed that is an ethics problem. Send him a First class letter ( no need for signatures, the Law has a presumption of delivery for first-class USPS mail).
Tell him that he has not responded to your X number of contacts. That unless there is some probate problem you don't know about and about which he should have told you then you don't understand why this matter has dragged out and that you would much prefer to deal with him than to go to Attorney Ethics so please contact you immediately.
 
   / Lawyer trouble. #55  
I'll have to look into that personal property gifting tax consequence.
My uncle wanted to gift me a car valued at about 15K.
I didn't want to fly out 3,200 miles, and pick it up and drive it back.... and well, I already had a car I liked.
We decided to go the cash equivalent as a gift, which was tax free. He later gave the car to a cousin that lived nearby. I'll have to ask her if there was a tax involved in the transfer over and above the usual.

Everyone needs to think at least a little about estate planning.
 
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   / Lawyer trouble. #56  
Your lawyer should have been the one to make the call, but all the delay and screwing around was more money in his pocket too so there wasn't much incentive. Lots of mutual back scratching in that business.
I asked him to give her lawyer a call, but he said that would only make him drag his heals more. So I called the SOB and told him to get off his behind. Oh, and I just remembered, he was a judge at one time, too. Old, pompous ass, set in his ways.
 
   / Lawyer trouble. #57  
I've seen times where probate is the only way to follow deceased wishes.

At least all out in the open.

Mom of a very good friend passed and only a few months before a grand daughter set up a Trust.

The will stipulating everything monetary and real estate equal in value no longer valid...

The extensive bequeath list out the window as was her church of 60 years and very much a part.

The granddaughter who had little to do with family because of a divorce was in charge.

The lawyer that had prepared the original will was in the dark on trust as was everyone else... documents had not yet been returned from the recorders office.

Joint accounts had been closed... deposit boxes emptied and the family never received any accounting... only told a Trust is a private matter.
for me. the pros of trust, out weighted the cons. It cost me more up front, but lawyers won't drain the estate dry, taking their time billing for everything they can think of going through probate, and protecting assets.

If they play their cards right. These two boys won't have any worries.
They do pretty good on their own. One a paramedic /FF and has a small business. The other a hospital administrator.
So what I leave them will just be icing on the cake so to speak .
There's no reason for some sorry lawyer to be able to burn through much of it wasting time on probate
 
   / Lawyer trouble. #58  
I had a friend that was simultaneously a lawyer, reserve police lieutenant and traffic court relief judge…

He was no nonsense but very affable and I was able to do several ride alongs with him as a police officer and see him in action at traffic court.

Traffic Court was often busy and at the start anyone here to plead guilty and ready to make a deal?

A few would say yes and he said you move to the head of the line and get you out fast.

No priors traffic school, 50% fine reduction and have a nice day.

What might be two or three would expand to double or triple…

He processed more than any other…

The contested would take a lot more time and often go very late into the night…
 
 
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