options on dealing with a lawyer?

[Sigarms]

Long story short.

March 2006 my aunt died, and I was listed as the executor. My Aunt lived in Pennsylvania, I'm in NC. She was a wonderful woman, but had little money and very few assests. It was not easy trying to handle everything on my end in NC (multiple trips to PA), but I had everything done by the middle of 2006.

However, her estate is still not settled as of this day, and I still get statements from the bank on her savings account.

The lawyer has had some personal (medical) issues with his son which I understand. However, we're going on over 4 years now without this being taken care of.

I'm sending a certified letter to the lawyer this Monday. I e-mailed him (the laywer) the start of January that I would do this (certified letter) if I haven't heard back from him by the end of January pertaining to this matter. Needless to say, still haven't heard from the lawyer. In this letter I'm telling him (laywer) that I would like to have him removed from this issue and have another laywer take it over so it can be done with.

My understanding is that legally, there is no time frame for an estate to be settled.

I understand this if large estates and assets are in question, but my aunt had almost nothing.

My other aunt passed away last year and everything was taken care of in less than four months (and she did have assests).

Assuming I don't hear from this laywer after my certified letter, what options would I have?

My fist thought is the Pennsylvania bar association.

Anyone been through this?

 

[BungeeII]

My first thought is "talk to my own lawyer". I'd pay him whatever he charges, just to know what right course of action is with the lawyer in the other state.

 

[Sigarms]

My first thought is "talk to my own lawyer". I'd pay him whatever he charges, just to know what right course of action is with the lawyer in the other state.

Makes no sence to me to spend 2k for nothing other to get this taken care of. Isn't that how the legal system works? Gets to the point where it's not worth the money to spend? When one lawyer is going after another, it will cost you. Guess that's what you call a professional courtesy.

 

[dave1949]

When You Are Unhappy with Your Lawyer FAQ - Lawyers.com

How frustrating. Just for kicks I googled 'firing a lawyer', this was one of the sites that can up, others looked interesting too. I would just fire him. You have no interest in punishment or revenge.

Pay him for what he has done and move on.

Dave.

 

[Hakim]

Sigarms,

Just served as executor for two estates in past 12 months.

I suggest you hire another attorney in NC. Get a solo practice attorney, not a "law firm." Google "probate lawyer [name of the town in PA]". You should be able to hire someone for a flat fee, under $2,000. Do not get involved in a per hour fee.

After you explain the situation to the "new" lawyer, he or she will be able to petition the court in NC and get the guy removed. You can then have the new attorney take over. Another option may be just to resign as executor, if the actual assets of the estate are minimal, like under $5,000.

I agree it hard to throw money onto something like this. But mainly, you want to extricate yourself. Don't waste time reporting the other lawyer, or arguing. Just get the matter resolved, and closed. This should be a relatively easy matter to resolve within a few months, unless there are some unknown factors of complexity.

Obviously this is not intended to be legal advice.

Best,

 

[Sigarms]

Another option may be just to resign as executor

Very good advice and any other circumstance, I'd take that advice.

My quandary however is that my aunt had no children, and she was my Godmother. She loved me like I was her child. To resign as her executor would make me feel like I let her down. I can assure you, dealing with my family over a woman who had no money was interesting and stressfull enough.

 

[Western]

May be possible to contact the court that is seeing this case, they may have specific answers or option. It would seem if there where a deal of money to be had the attorney would move it fairly quickly, the opposite may be true if his payment is smaller.

From what you said, he (attorney) doesn't seem very inclined to deal with this, he may want you to "fold" to increase his earnings. I would also look at a $100 visit to another lawyer in this field, just to protect your interest.

 

[BungeeII]

Makes no sence to me to spend 2k for nothing other to get this taken care of. Isn't that how the legal system works? Gets to the point where it's not worth the money to spend? When one lawyer is going after another, it will cost you. Guess that's what you call a professional courtesy.

I guess I take it for granted that I have a family/business lawyer/friend. I call on him for real-estate, business, personal and other issues that I benefit by seeking his council. Maybe my "whatever he charges" was misleading, as a 30-minute visit to cover this issue would be under 100 bucks. Even if I was certain I knew what the right course of action was, on legal matters I'd still pay him a visit to be sure my t's were crossed and i's were dotted.

 

[MossRoad]

Very good advice and any other circumstance, I'd take that advice.

My quandary however is that my aunt had no children, and she was my Godmother. She loved me like I was her child. To resign as her executor would make me feel like I let her down. I can assure you, dealing with my family over a woman who had no money was interesting and stressfull enough.

Well, how about you look at it from your aunt's point of view? She loved you like her own child. She probably wouldn't want you to have to deal with this situation for so long. If there are no assets involved anymore and all bills have been settled, your job is done. She would probably want you to move on and be happy.

 

[Sigarms]

If there are no assets involved anymore and all bills have been settled, your job is done. She would probably want you to move on and be happy.

I've thought along those lines as well, and here is the other rub. There are some assets (low four figure range) that she had aquired from her career job in the sewing factory. Her will was that the church was to get that entire amount (my "home church" as well).

I'll send the letter out Monday and hope I get a response.

What I fail to understand is how someone graduates from Law school, been practicing for a long time, and just lets something like this slide. Something like this seems about as easy as it gets as far as being cut and dry. Would bug the living crap out of me to keep this going on for so long.

Being from that small town, the jist I get is this guy (laywer) shouldn't of been her first pick.

Even if I was certain I knew what the right course of action was, on legal matters I'd still pay him a visit to be sure my t's were crossed and i's were dotted.

The "free" advice I got was go to the bar association to light a fire under this guys butt. The question on my end is how much is it worth it to me to pay to have it taken care on my terms. This could go on for years and it still really wouldn't affect me. However, like I said, it would bug the living crap out of me to keep this going on for so long.

My reasoning is that with the copied e-mails dating back to 2006 reguarding this matter, and the lack of response, added with the certified letter I'd send out, if I still don't get a reponse back to get this taken care of with a time frame given, this will give me the documentation I need to go to the bar association and file a complaint.