options on dealing with a lawyer?

[brin]

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.

Sigarms,

I have been the executor of wills three times now and believe me I know what you mean about " family " ..anyway...if I were you do not hesitate to call the clerk of the court and ask to speak to the probate judge or his / her assistant and explain your situation and seek their counsel on how to handle this non- responsive attorney and fully explain your situation and the fact their is no money of consequence involved...this has worked for me in the past and it endears you to the court..not a lawyer just passing on what has worked for me..good luck !

 

[2manyrocks]

A small estate should be over and done in 12 months or less. The longer it drags out, the less likely it is to get finally settled. There are lots of probates cases that never get settled because there's nobody pushing a button to finish them. The files eventually get moved to storage and that's all unless you have an aggressive court clerk and a probate judge who won't put up with this.

If you want it done, find a lawyer who will get it done. I would call one of the local banks where her will is probated and ask them who they use as a lawyer. Banks aren't going to put up with lousy service from a lawyer, and can probably give you some names. You don't necessarily need a probate lawyer for a small estate--just somebody who'll get the case completed.

Another way is to go to Martindale-Hubbell's website and search through lawyers in the area where the probate is.

Bottom line: I would replace him with someone who is going to get it done. If you want to spend your time filing a ethics complaint, there is probably a state disciplinary board for lawyers in PA. That's where the complaint should be filed--not with the local bar association. The local bar association is more or less a trade association for local lawyers.

Getting the lawyer disciplined won't get your aunt's estate closed any faster and won't necessarily put money back in your pocket. The lawyer's file on the probate case belongs to the estate and he should turn it over to the new lawyer. If not, the judge can order him to turn it over. Plus, in theory, the probate judge has authority to discipline a lawyer for ethical violations. In this sense, ethics violations are violations of the disciplinary rules for attorneys that among other things say that neglect of a client's case is a basis for attorney discipline.

does this make sense?

 

[MossRoad]

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).
.

Oh boy... that is indeed a rub! Trying to donate a little old lady's humble savings to a church can't take all that much work. Sorry for your hassle. Good luck getting it taken care of soon.

 

[Sigarms]

does this make sense?

Yes, I have the feeling if I'm going to pursue this, it will be a real PITA.

 

[wjoerob]

Good luck with this one, brother! You are playing in a snakes' den, and the best you can hope for is to hold this joker's feet to the fire. That means working through the state bar association. But as you realize, the cards are all stacked on his side, and the $ amounts make it hard for you and easy for him. Our stereotypes of the "sacred trust" a lawyer is supposed to have only go as far as his best efforts. If you want to fight this just for "principles' " sake, that's one thing, otherwise be aware that he has all the control you let him have.
A few years ago, we were involved in a lawsuit where the crusty old lawyer told us, "Well you're right, but you're still going to lose". We ended up paying the fruitcakes thousands of dollars just to go away. Justice? That's just a make-believe idea from the comic books.

 

[tommu56]

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 would check in with the church's lawyer maybe he would have some suggestions to do it in a less pain full way

tom

 

[ToadHill]

I had an issue with a lawyer when I purchased a piece of land, he didn't seem to have time to finish the job and get the proper papers to me. After several contacts and a letter to him I contacted the Bar association and described my efforts to resolve the matter. They contacted him and it was finished within a week.

 

[2manyrocks]

Roughly speaking and subject to whatever PA rules there are, the usual division of labor is that the lawyer advises the executor about the legal requirements and handles all court proceedings. By now, notice to creditors should have been published and the time period for filing claims against the estate should have expired. Then the executor is supposed to pay any valid claims and the remaining assets after payment of all debts, atorneys fees, taxes, court costs and expenses, including burial expenses in Tenn, would go to the beneficiaries. The executor would typically obtain and send a current certified copy of his letters of administration issued by the court to the bank with instructions to transfer the funds to the church (or you would transfer the funds into an executor's checking account and write the check yourself). The executor should give the church an accounting of all expenses and so fortrh to indicate what the church is due, and then the church should give a receipt and its written approval for settlement of the estate and your discharge as executor. The settlement docs would be provided to the court by the attorney and the judge should sign a court order discharging you as executor.

The church lawyer could be a good resource. The other avenue is to contact the state disciplinary board for PA attorneys about the attorneys neglect in the case and failure to communicate with you on a timely basis. Both are typically grounds for attorney discipline.