what can i do if my lawyer is taking too long to work on a deceased estate

by Carol Rau 10 min read

Go meet with him and get his explanation, which may actually be logical considering the timing of estates. Remember any new attorney will have to spend time getting "up to speed" on the case. If things don't work out you always can get a new attorney to finish matters.

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What should I do when my attorney dies?

Feb 05, 2018 · 2 attorney answers. Go meet with him and get his explanation, which may actually be logical considering the timing of estates. Remember any new attorney will have to spend time getting "up to speed" on the case. If things don't work out you always can get a …

What to do if the executor of an estate is failing?

Executor 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 …

Are you asking the right questions when working with an estate attorney?

If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance. If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file. Research

What happens to an estate after a power of attorney dies?

Hire a new lawyer. You don’t want to be in the midst of a legal proceeding and have no lawyer, even if your current lawyer isn’t doing their job. Hire a new lawyer first, and then fire the old one. Write a termination letter. Any time you modify or terminate a contract, it must be in writing.

How long does an executor have to settle an estate in North Carolina?

You should expect it to take a minimum of six months to a year to settle an estate because of the legal notice requirements and time that creditors have to submit claims against the estate. Creditors have 90 days from the first publication date of the notice of probate.

Is there a time limit to settle an estate in Virginia?

A person can expect for the probate process in Virginia to take anywhere from six months up to a year or more. Generally, there is a creditor period, so an estate cannot be completely distributed and closed prior to the expiration of the six-month period.

How long does an executor have to settle an estate Florida?

The formal probate administration usually takes 6-9 months under most circumstances - start to finish. This process includes appointing a personal representative (i.e., the "executor"), a 90 days creditor's period that must run, payment of creditor's claims and more.

How much time do you have to contest a will in Virginia?

one yearThe statute of limitations for challenging a Virginia will is usually one year. The statute of limitations on inheritance is also one year in Virginia. However, this could be reduced to as little as six months. Anyone who believes they have grounds to challenge a will should do so immediately.Dec 2, 2019

How long can you contest a will in Virginia?

one yearIn Virginia, there is a time limit when it comes to contesting wills. For many will contests, the time limit is one year from the date the will was probated. Although, in some cases, the time may be shorter. Speaking with a will contest attorney as soon as possible ensures you can challenge the will in time.Oct 3, 2019

What's the longest probate can take?

Typically, after death, the process will take between 6 months to a year, with 9 months being the average time for probate to complete. Probate timescales will depend on the complexity and size of the estate. If there is a Will in place and the estate is relatively straightforward it can be done within 6 months.Apr 1, 2022

Can an executor override a beneficiary?

Yes, an executor can override a beneficiary's wishes as long as they are following the will or, alternative, any court orders. Executors have a fiduciary duty to the estate beneficiaries requiring them to distribute estate assets as stated in the will.

Why do you have to wait 6 months after probate?

Inheritance Claims As this type of inheritance act claim must be made within six months of probate being granted, solicitors often hold onto money owned by the estate until this time-period has elapsed. This ensures the estate has the assets required should an inheritance act arise.Jul 7, 2019

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 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 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 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 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 to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

What happens if you meet with a lawyer?

If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents.

What do you need to know before hiring a personal injury lawyer?

Before you hire an attorney, you’ll sign a contract that sets forth the lawyer’s fees. Most personal injury lawyers work on a contingency basis, which means they get paid a percentage of the damages you receive. However, they’re also going to charge you for additional expenses that come up while the case is in process.

What happens if you file a motion for substitution of counsel?

If your case is already filed within the court system, you (or your new attorney) will need to file notice with the court that you are now represented by new counsel. Your new attorney will file a “motion for substitution of counsel” and your old attorney will file a motion to withdraw.

Why do I have to pay off my personal injury case?

Pay off your balance immediately because the lawyer could hold your case files until they receive payment. If you know your lawyer isn’t working for you, but you don’t have a second lawyer yet, please feel free to use the Enjuris Personal Injury Law Firm Directory to find a lawyer near you who can take your case.

Why do I retain legal counsel?

Reason #4: You disagree with your lawyer’s advice. You retain legal counsel because you need advice. However, the lawyer should still take your wishes into consideration. The lawyer could be pressuring you to accept a settlement that you think is too low to cover your costs after an accident.

Why is my lawyer not returning my calls?

Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...

How to terminate a contract?

Hire a new lawyer first, and then fire the old one. Write a termination letter. Any time you modify or terminate a contract, it must be in writing.

What to do if executor of estate is suspected of theft?

Here’s What to do if the Executor of an Estate is Suspected of Stealing. Acting as an executor is an important job. After a person dies, their executor will be performing a variety of legal functions, including selling property, paying creditors, bringing any lawsuits that need to be filed, and, if necessary, reviewing medical records ...

What should beneficiaries expect from executor of will?

Beneficiaries should expect to receive regular updates that document how the executor is handling the estate plan. If they become concerned that the executor is taking money from the will, they need to act quickly in order to preserve their inheritance.

What rights do beneficiaries have?

A beneficiary has the right to notification of probate court actions, to view the original will, and to ask the estate’s executor for information and documentation as it relates to the estate’s assets.

Can an heir take action against an executor?

State laws set a time limit in which an heir may take action against an estate executor. The longer the beneficiaries wait to act against the executor in question, the less likely they’ll be able to recover stolen funds and/or possessions.

Can you file criminal charges against executor of estate?

You can file criminal charges in addition to civil charges against the executor from the estate provided that you have enough proof of a crime taking place. Feel free to contact us for a referral to an experienced probate attorney to help you determine whether you have a case or not.

What to do if executor is not properly administering estate?

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.

What to do if executor doesn't work?

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.

What happens if the executor of a will is not doing his job?

If it finds that the executor is insufficiently doing the job, the court can remove the executor and appoint another one. The new executor will usually be the alternate executor (if the will named one) unless you've given the court reason to believe that it should name someone else.

How long does it take to get an inheritance?

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. So beneficiaries often do not get their inheritances until everything else is wrapped up.

How to collect inheritance when executor fails to act?

The executor must do this work in a timely manner and to act in the best interest of the beneficiaries.

Can an executor be removed?

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.

Can you sue the executor of an estate?

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.

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

What to expect after a loved one dies?

The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.

What happens if assets are less than debts?

If the assets in the estate are less than the debts and tax obligations, those debts do not become the responsibility of the loved ones left behind. Unfortunately, many people do not understand this, and they end up paying off debts for which they have no financial or legal responsibility.

What is the best way to protect assets after a loved one dies?

The best way to protect the assets is to open the estate right away.

How to contact an estate attorney in Arizona?

Call Arizona Estate Attorney Dave Weed at (480)426-8359 to discuss your case today.

What to do if you are unsure about your taxes?

If you are unsure about the tax situation, you should contact the person who handled returns for the deceased. They should have copies of past tax returns, and they should be up to speed on any outstanding audits, tax debts or other issues. The days and weeks following the death of a loved one can seem like a blur.

Do debts disappear when someone dies?

There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...

Who is entitled to probate if he or she dies without a will?

Anyone who would be entitled to inherit from the deceased if he or she died without a will is entitled to notice of the probate of an estate. Heirs may choose to waive their right to notice, but the personal representative is obligated to go through the process of giving notice or securing a waiver. This is usually routine, but can be touchy, say, if Uncle Joe had a child out of wedlock who was never publicly acknowledged but whom everyone knew about. Don't be tempted to do an end run around the law. Notify everyone who has a legal right to notice.

What happens if you don't obey a court order?

If you fail to obey a court order, depending on the circumstances, you could be held in contempt of court, exposed to personal liability, fined, removed from your position as personal representative, or some combination of the above.

What is estate administration?

Estate administration is about distributing assets to heirs and beneficiaries , yes. But that's the last step in the process, and must not be carried out until ALL other business is concluded: the period for creditors to make claims, payment of taxes, and payment of fees for services to the estate, and a final accounting to the probate court. If you distribute all of the estate's funds to heirs and beneficiaries, then discover that you are entitled to reimbursement or there is an outstanding unpaid bill for services to the estate, you will find it very difficult to reclaim the money from heirs who have received, and possibly spent, their distribution.

Why do you have to do probate?

Part of the reason for the probate process is to allow the personal representative to notify potential creditors of the deceased and give them time to come forward and make their claims against the estate. If you distribute any assets before the process for receiving creditor claims is completed, you may find that there is not enough money left in the estate to pay all legitimate claims. If that's the case, you may be exposed to personal liability for distributing the assets prematurely.

What to do if Uncle Joe has a child out of wedlock?

This is usually routine, but can be touchy, say, if Uncle Joe had a child out of wedlock who was never publicly acknowledged but whom everyone knew about. Don't be tempted to do an end run around the law. Notify everyone who has a legal right to notice.

What happens if you distribute assets before the process for receiving creditor claims is completed?

If you distribute any assets before the process for receiving creditor claims is completed, you may find that there is not enough money left in the estate to pay all legitimate claims. If that's the case, you may be exposed to personal liability for distributing the assets prematurely.

How long do you have to dispute a claim in Ohio?

In Ohio, creditors have six months after the death to present claims in writing, and personal representatives have thirty days after receipt of a claim to allow ...

What happens if your attorney dies in the middle of your case?

If your attorney has dies in the middle of your case and you are preparing for trial, there may be a delay in your trial date if you need to hire a new attorney. However, you should hire your new attorney as soon as possible so that there is not an unnecessary delay.

What happens if you file for substitution of attorney?

When your attorney files for a substitution of attorney with the court, he or she will likely be able to secure more time to prepare for trial or any future hearings. The down side of this situation is that you are likely going to have to pay more because your new attorney will have to learn your case all over again.

Do other attorneys know about your case?

If your lawyer is part of a firm of two or more attorneys, then it is probable that one of the other attorneys is at least slightly aware of your case. They may not know every element of what is happening with you case, but they will likely have a broad understanding of what your legal situation is.

Can you cover each other's cases?

In this scenario, when conflicts or vacations occur, each attorney would be able to cover each other’s cases. You might get lucky to find out that the other attorney has worked on your case and is very familiar with your particular circumstances.

Can you get money back from a deceased attorney?

The money that you receive back from your deceased attorney can be used to retain the new attorney that you hire.

What to do if a decedent leaves an estate plan?

If the decedent left an estate plan, that plan should directly address such issues. But if it doesn’t, or if there is no plan, you’ll have to act. If the death was unexpected and there are immediate needs that must be addressed, you’ll need to call a local estate planning attorney about your options after you’ve ensured the child, dependent, or animal is cared for. In these situations, you may have to ask a court to issue emergency orders to ensure the protection of the minors or dependents.

What to do if someone dies?

(Decedent is a legal term for a deceased person.) Contact family members and close friends first, but after that , you should notify the decedent’s employer, personal physician, attorney, accountant, and anyone else closely involved in his or her life, or anyone who might have important information.

How to start probate?

This process begins when you file a document (usually called a petition or application) with the probate court in the county in which the decedent lived. The document will ask the court to open a new probate case and name an estate administrator to manage it. When you file the petition, you usually ask the court to name you as executor, but you can also ask the court to name someone else.

What is unsupervised probate?

Unsupervised formal probate requires executors to get court approval for specific actions, such as using estate funds to pay creditors or distributing assets to beneficiaries. Supervised Formal. Formal probate is the most rule-intensive probate process, and has the most court involvement and supervision.

What is the process of settlement of an estate?

One of the most important parts of the estate settlement process is conducting an inventory or assessment of exactly what the decedent left behind. Whether it’s real estate, investments accounts, cash, valuable personal items, or anything else, the estate inventory must include everything. This inventory, and the determination of the estate’s final value, becomes the basis for most of the remaining process. You’ll use it to determine how much the estate is worth, whether the estate owes taxes, whether there are enough assets to pay creditors, and how much you’ll have to distribute as inheritances.

How long after death do you have to prepare for a funeral?

After you’ve transferred the body to a mortuary or similar facility, you’ll also have to begin preparing for a funeral, cremation, or burial ceremony. You can usually wait a couple of days or more before you begin making these plans, and can use that time to determine if the decedent left behind any instructions. Follow the decedent’s wishes, if you know them, or the instructions left behind in the estate planning documents. If you don’t have guidance, you’ll have to make the plans on your own, or coordinate with other family members and loved ones.

What happens when an estate is disposed of?

Once everything is disposed of, or ready to be disposed of, the administrator will have to file a report with the probate court for approval. The report will detail the inventory, list the creditors, and show how all the assets will be disposed of. Once approved, the administrator will transfer the assets and the estate will be closed.