Dec 03, 2011 · Answered on Dec 06th, 2011 at 10:24 AM. The executor cannot change what the will says about how to divide property without the consent of all affected parties (or the court if there is good reason). If you disagree and the executor won't change, you should hire a lawyer and let the court know. Report Abuse.
When You and Your Attorney Disagree About Settlement or Trial. Ultimately, the decision of whether or not to accept a settlement on your claim rests with only you. The attorney is there to represent your wishes to the best of his or her ability. That in mind, you should very heavily consider the attorney’s recommendation as to whether or not ...
Jul 15, 2021 · If you still disagree with what your attorney has suggested after listening to him or her with an open mind, there is nothing wrong with getting a second opinion. However, you should generally tell the first attorney you are doing that. If you decide to hire a second attorney, you may dismiss the first one. ...
May 25, 2020 · However, a lawyer can: give you advice about whether you have a case; prepare all court documents, and; present the facts to the court in a way that will give you the best chance of winning. If hiring a lawyer is not an option for you, you may be able to file a petition for removal without a lawyer. In that case, your main expense will be ...
Your attorney may want to go to trial because the defendant is drastically undervaluing the claim.
The attorney is there to represent your wishes to the best of his or her ability. That in mind, you should very heavily consider the attorney’s recommendation as to whether or not to settle. Your attorney has spent years in law school, and probably years practicing law. Those years help him or her prepare to evaluate your claim ...
That is why it is important to hire the right attorney; you will be able to rest easier knowing that they are making all the right decisions. A car crash can be one of the more significant events in your life, it is important that it is treated as such. Trials can be very unpredictable, juries are difficult to read.
Your attorney is trained to evaluate the specific type of case you have, and has a legal duty to act in your best interests. If she wants to settle, you need to understand why. Trials can be time consuming and expensive and there is no guarantee that you will win in the end.
On the other hand, if your attorney recommends a trial, you need to listen to exactly why the attorney thinks a trial is the best strategy. Focus on the facts and reasons. Your emotions are bound to be strong, especially if you feel like you need the money from a settlement right away.
If you still disagree with what your attorney has suggested after listening to him or her with an open mind, there is nothing wrong with getting a second opinion. However, you should generally tell the first attorney you are doing that. If you decide to hire a second attorney, you may dismiss the first one.
If you believe the executor is failing to properly administer the estate (either through improper actions or through inaction), you have two options: petition the court to remove the executor or file a lawsuit against the executor.
If that doesn’t work, you may want to look into taking legal action against the executor. To remove someone from the role of executor, you must be able to prove to the probate court that the executor is not living up to the responsibilities of the position or is doing something illegal.
Depending on how complex the estate is, the process can take anywhere from a few months to several years. There is no set time limit. And importantly, the executor can distribute the assets only after the property is evaluated and debts and taxes are paid.
If you can show that you’ve suffered financially from the executor's actions (or inactions), you can sue the executor. For example, if the executor stole or failed to protect the assets from the estate, you can bring a lawsuit that demands that the executor pay back the estate for the losses.
An executor must do something seriously wrong for the court to act. But if the executor is basically doing a sufficient job, a court will not likely remove the execut or, even if the process is taking a really long time.
If you die without a will, the probate court will rely on your state’s intestate law to figure out how to distribute the person’s stuff.
An executor can’t jump right in and start passing along family heirlooms and inheritances. The first step is filing a petition with the probate court to open the process and “prove” the will. Until that happens, they’re not allowed to distribute or discard any property.
The benefits of avoiding probate are: It’s often simpler and faster for account beneficiaries to claim the funds. You’ll avoid probate court fees and executor’s fees (which can be significant, especially if the executor is legally entitled to a certain percentage of the estate, such as in California).
Probate is the legal process of administering a person’s estate after their death. If you have a last will and testament, probate will involve proving that your will is legally valid, executing your instructions and paying applicable taxes. Having a clearly written will is one way to make the probate process easier on your loved ones.
Administrator: A court-appointed executor, if someone dies without leaving a will. Intestate: A case where someone dies without a will. Intestacy: State laws determining how to distribute such estates. Letters testamentary: A document from a probate court authorizing the executor to start carrying out the will.
Small estate affidavit, summary probate and/or summary administration: Documents or processes that can allow you to skip or shorten certain aspects of probate (i.e. distribute property without a lengthy court process). Estates below a certain value (depending on your state) are eligible for this. Related Articles.
After all the assets have been distributed, sold or discarded—and the court and executor’s fees have been paid—the last step is filing a petition to dissolve the estate and conclude the probate process.
A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.
If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.
In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.
For example, a lawyer may not be involved in writing a will for a client who leaves the lawyer substantial money or property in that will. Keeping Clients’ Property. If a lawyer is holding a client’s money or property, it must be kept safely and separately from the lawyer’s own funds and belongings.
Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.
A lawyer must be loyal to his or her client. This means that a lawyer cannot represent two clients who are on opposite sides in the same or related lawsuits. And, ordinarily, there can be no representation of a client whose interests would conflict with the lawyer’s interests.