what to do if my attorney will not complete my mothers estate

You need to talk with your attorney about things you can do to assist the estate process towards completion. Communicate regularly. One of the main reasons litigation ensues in estates is because there is a feeling that the executor is not communicating with the other interested parties.

Full Answer

What to do if the executor of an estate does not probate?

If the executor named in the will has let the estate languish, you can file an application with the court to become the representative of the estate (executor) and take over the probate. If the executor has been approved by the court you can file a motion to show cause why the estate has not been probated and closed.

Can I obtain an accounting of my mother's estate?

Although estate laws vary from one state to another, all states permit you to obtain an accounting of your mother's estate. An accounting is part of the overall probate process.

What to do if an executor steals money from an estate?

As soon as theft is suspected, have your lawyer issue a demand letter asking for an account of the executor’s financial transactions with regard to the estate. If that doesn’t generate the desired result, you can try mediation before going in front of the court.

Do I need an attorney to probate an estate?

If you believe you have an interest in the estate, then you can start the probate process. You do not have to wait on another person to probate merely because they are the named Personal Representative or you have no will. You will need to hire an attorney to assist you with the appropriate documents for filing.

What is the first step for an estate lawyer in a probate case?

Although it seems elemental, the first step for any lawyer in any case is to identify the client. In a probate matter, the estate’s attorney generally represents the Personal Representative, in his or her fiduciary capacity. What does that really mean?

What happens when a beneficiary calls a lawyer?

When a beneficiary calls and a lawyer chooses to engage in a conversation, the lawyer must walk a careful line between providing general information about the estate (which is okay) and providing legal advice to a beneficiary (which is not okay). Another consideration at play is the attorneys’ fees.

What are the problems with pleadings?

Common problems include pleadings that literally make no sense to anyone but the beneficiary, pleadings that fail to cite any law or cite the law incorrectly, and pleadings that are not properly filed and served upon other parties pursuant to the court rules.

Can a beneficiary get counsel?

No one, unless a beneficiary decides to obtain counsel. Unfortunately, some beneficiaries think the estate’s lawyer represents them too. For free. As a result, they call the lawyer’s office. And call. And call again.

Do beneficiaries receive less money?

So that beneficiary, and any other beneficiaries who will receive percentage distributions, will ultimately receive less money. Since, again, the lawyer represents a fiduciary and must seek to act in the estate’s best interest, often it is in the estate’s best interest if the lawyer does not communicate excessively with the beneficiaries.

Is lawyer time considered estate administration?

A lawyer’s time is considered an expense involving estate administration. In Washington, these expenses are prioritized ahead of any estate distributions to the beneficiaries.

Can one beneficiary unfairly reduce the other beneficiaries' distributions?

Otherwise, one problematic beneficiary can unfairly reduce the other beneficiaries’ distributions. Also, unfortunately, some beneficiaries who suspect that they are being shafted by the estate choose to take matters into their own hands.

2 attorney answers

The rules in Pennsylvania may be different than the rules in California. So you must get advice from a competent attorney in Virginia. However, as a general matter, a beneficiary of an estate is required to receive an accounting from the executor. If an accounting is not provided, then the statute of limitations does not run as to that beneficiary.

Bruce Givner

Professional rules of conduct and ethics prevent attorneys from commenting where an individual has retained counsel. No one at this forum can comment as you have an attorney. Go back to your attorney with your concerns. Hope this helps. Please remember to designate a best answer to your question. Mr.

What are the rights of an estate lawyer?

Your rights are not just limited to inheritance of assets at the conclusion of the estate, but they also include requiring the posting of a bond for the executor to ensure that they administer the estate properly.

Why does my estate not get completed?

All too often, estates languish and don’t get completed because the executor, for whatever reason, simply does not make the completion of the estate a priority. They allow the estate to sit inactive. You need to talk with your attorney about things you can do to assist the estate process towards completion.

What is the obligation of the executor of an estate?

Rather, the debts and taxes now become an obligation of the estate of the decedent. This means that the value of a given estate can’t be truly computed until all valid debts, taxes, and costs of administration are paid. The executor is tasked with making sure that all debts, taxes, and costs of administration are paid before assets are distributed.

Why is it important to understand everything going on in an estate?

It is important that you have a full and complete understanding about everything going on within an estate to ensure that your interests and the wishes of the decedent are protected. Not all assets are under the control of the executor. The executor of an estate, after being appointed by the court, only has control over assets called “probate ...

What is the role of executor in a trust?

The executor is tasked with making sure that all debts, taxes, and costs of administration are paid before assets are distributed. The executor is a fiduciary. It is important to remember that the executor is acting in a position of trust on behalf of the estate and all interested parties.

Why is it important to have an executor?

Since the executor is acting as a fiduciary , it is important that there is no appearance of wrongdoing. This means it is necessary to ensure that all estate assets are protected from loss, theft, damage, or waste. The executor must also ensure that all assets are sold for fair market value.

Why do executors take control of a will?

They often take control because they are designated as the executor under the terms of a will. However, it is important to remember that they are not “in charge” of the estate until the court appoints them in that role, regardless of what a will may say. Talk with a lawyer. A lawyer will be able to assist you with determining what your rights may ...

Sharon M. Siegel

I am a NY lawyer. The money would not come out of your pocket. The way it would work is that you, as administrator, would make the deal, sign the contract and related documents to effectuate the sale, unless you want to redeed the property to him which is another option.

James P. Frederick

I understand your position, but I disagree with you on one point. The cost of an attorney is an "administrative expense" of the estate. So it would come off of the top of the estate and would not be YOUR expense to pay. Under the circumstances, it may cost you far less than a few thousand dollars.

Matthew Erik Johnson

The major difficulty in selling real estate is the title change. Its a good idea to file for probate and hire an attorney just to make sure everything goes smoothly and title can transfer without any problems. Further, the costs should come out of the estate, and the sale of the house, not...

Roman Aminov

I do not understand why you will not be reimbursed for reasonable expenses in selling a house. An attorney's fee is certainly a reasonable expense because it is too important a transaction to try to deal with on one's own.

Robert A. Stumpf

I think it's not a wise idea to save the cost of the attorney and risk having the entire sale of the house potentially become a huge legal mess. Maybe you can make an arrangement with your brother to split the fee somehow.

What to do if executor of will has let estate languish?

If the executor named in the will has let the estate languish, you can file an application with the court to become the representative of the estate (executor) and take over the probate. If the executor has been approved by the court you can file a motion to show cause why the estate has not been probated and closed. Report Abuse.

What to do if executor refuses to cooperate?

If the designated executor refuses to cooperate in the administration of the estate, your option is probate court in the county of the residence of the deceased. You can discuss the matter with a probate attorney because one will likely be required. Report Abuse. Report Abuse.

Can an executor of an estate be removed?

An heir in your position likely needs to petition the court to remove the executor of the estate, or to otherwise order an accounting or distribution. This is something you should discuss with a probate attorney, instead of try to do on your own. Indeed, it may be a letter from a lawyer is sufficient to make the executor distribute and close the estate.

Can you probate an estate in Florida?

Any "interested party" can initiate the probate process in Florida. If you believe you have an interest in the estate, then you can start the probate process. You do not have to wait on another person to probate merely because they are the named Personal Representative or you have no will. You will need to hire an attorney to assist you with the appropriate documents for filing.

What happens if an estate is insolvent?

Similarly, if an estate is insolvent, meaning the liabilities are more than the assets, the beneficiaries will not receive a distribution. But there have been cases where the executor has delayed distributing the estate for other reasons.

What happens if you believe the executor is wrong?

If you truly believe there is some type of executor misconduct, there are ways of handling the situation. The beneficiaries can take the executor to the court, which might result in the court forcing the executor to give a full accounting of financial transactions. The court can also remove the executor or prevent the executor from receiving a fee.

What is executor misconduct?

E xecutor misconduct is serious. When an executor is withholding an inheritance, not communicating with beneficiaries, or taking too long, it’s easy for beneficiaries to get frustrated. Feelings of helplessness and lack of control can lead to anger and even ruin relationships. Fortunately, there are things you can do to get executors to act appropriately, although you must understand what the executor is legally required to do and what actually constitutes executor misconduct.

What is the duty of executors of a will?

Executors have a fiduciary duty to the deceased person they are acting for and the beneficiaries of the will. This means they must act in the best interests of these parties. They must keep proper records of all financial transactions and show those records to residual beneficiaries, should they wish to see them.

What is it called when family members are appointed as executors?

When family members are appointed as executors, also called personal representatives, stealing from the estate is very common. People can be greedy and having access to money makes it all too easy to use that money for their own pleasure.

Does the executor have to consult with beneficiaries?

Residuary beneficiaries have the right to know what is going on throughout the probate process. However, the executor isn’ t required to consult with the beneficiar ies or keep them updated every single step of the way. Being an executor can be challenging and sometimes beneficiaries confuse ...

Is the executor acting as you would if you were the executor?

First, recognize that the process may not be moving as quickly as you would like, but that doesn ’t mean it isn’t moving along. The executor may not be acting as you would if you were the executor, but that still doesn’t mean that he or she is doing anything wrong. If you truly believe there is some type of executor misconduct, ...

What happens if a person dies without a will?

If the deceased died without a signed will, the deceased died without a will. No one else can sign it on their behalf, and the estate will be managed in accordance with that state’s laws of intestate succession. Take action to manage the estate prior to being appointed as executor by the court.

What happens if an heir believes you are not properly fulfilling your legal obligations?

If an heir or beneficiary believes you are not appropriately fulfilling your legal obligations, they have the right to file a petition with the probate court to get a full accounting of the estate’s assets or to have you removed as the executor.

What can an executor do?

As the executor of an estate, you are responsible for managing the probate process, which means you’ll be interacting with the probate court and making decisions about the handling of probate assets. You will: Open probate with the court. Identify the deceased’s assets. Provide notice to heirs and interested parties.

Can an executor act against a will?

There are limits on what an executor can and cannot do. If you’ve been named an executor, a couple basic rules of thumb are that you can’t do anything that disregards the provisions in the will, and you can’t act against the interests of any of the beneficiaries. Sounds pretty straightforward, right?

Can a beneficiary contest a will?

He can file a petition with the court contesting the will if he’s an heir-at-law, but you have no authority to make changes to the will. When beneficiaries or heirs contest the will, it’s never fun for the executor. However, it’s their right to do so, and you can’t stop them.

Can you change provisions in a will?

Change any provisions in a will. Just like you can’t sign the will, you cannot change any provisions in the will. If you really like your cousin and you agree with him that he should’ve been named in the will, that’s unfortunate.

Can an executor harm the estate?

That means you must manage the estate as if it were your own, taking care with the assets. So an executor can't do anything that intentionally harms the interests of the beneficiaries. Neither the executor nor the beneficiaries have any rights with regard to the estate before the testator passes away.