what to do if as lawyer takes too long to settle s simple estate

by Loyce Deckow 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.

Full Answer

How long does it take to settle an estate when executing?

Mar 29, 2008 · My Father passed in 2004 with a will. Estate consisted of real estate (3 parcels less than $100,000 in value) and bank accounts (less than $75,000). There are five children all over 21. No-one is contesting the will. One parcel goes to me which is my home. One parcel goes to two of my brothers and a sister. The other parcel goes to two of my ...

What should I do when I get close to a settlement?

Aug 04, 2011 · An attorney/fiduciary has to make the time to complete the estate. So I would either have another attorney write a letter for you on a flat fee basis asking for an accounting and closing of the estate or I would request that the court conference the matter and demand an accounting. Good luck. IMPORTANT NOTICE: The Answer (s) provided above are ...

How much do lawyers charge for probate and settling an estate?

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 …

How much does an estate pay for legal help?

May 28, 2020 · 4. Your case is in court. Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.


How long do most estates take to settle?

Simple estates might be settled within six months. Complex estates, those with a lot of assets or assets that are complex or hard to value can take several years to settle. If an estate tax return is required, the estate might not be closed until the IRS indicates its acceptance of the estate tax return.

What is the longest time Probate can take?

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. If there is no Will or the Estate can not easily be valued or identified then the process may take longer, likely more than 12 months.Apr 1, 2022

How long does it take to wind up an estate in South Africa?

“The administration of a deceased estate can be a lengthy and complicated process that can take anything from six months to several years to finalise, depending on the complexity of the estate.Sep 3, 2021

How do I complain about a delay in probate?

The quickest way to get a response is to contact the court directly – either in person, by email, phone or letter. Speak to a member of court or tribunal staff while you are in the building. They are best placed to listen to your feedback, resolve your complaint quickly and explain anything that is unclear.

Why is probate taking so long?

Probate involves a significant amount of legal, tax and administrative work which can be very time consuming. If this work is not completed in a timely manner, the probate process will inevitably take longer. For this reason, many executors choose to instruct a Probate Specialist to do this work on their behalf.

What happens if an estate is not wound up?

Once all debt is settled, the executor is required to distribute the balance of the estate amongst their heirs in accordance with the testator's wishes. If there is no will, the deceased's estate will devolve amongst the heirs in accordance with the laws of intestate succession.Nov 10, 2020

How long does an Executor have to settle an estate in South Africa?

As soon as proof has been provided to the Master that all creditors have been paid, that the heirs have received their inheritances and that the fixed property has been transferred, the estate is regarded as finalised and the executor's duties come to an end. The process of finalisation takes 4 to 8 weeks.

What happens to bank accounts when someone dies in South Africa?

At death the estate of the deceased person is frozen, and no-one may withdraw funds from the deceased's bank accounts or deal with any of the estate assets without the necessary permission from the Master of the High Court. If the deceased was married in community of property, the joint estate is frozen.

Stanley David Schnaare

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.

Leonard Komen

I don't know you your attorney is so this is not presented in his defense, but as an explanation of the probate system. Your probate case is moving as quickly as possible under the law and he is not delaying it.#N#First, the date your mother died is not relevant as to the time frame. The key is the date you were appointed.

How long does probate take?

When a probate attorney is working on an estate, the actual probate process usually happens in less than a year. There are often situations, however, when it can take longer. If the estate has complications and potential areas of disagreement, or if the executor drags the process out, it can certainly take longer.

What is the responsibility of the executor of an estate?

The executor is charged with the responsibility of filing the last set of tax payments for the deceased person. This includes any and all estate taxes, in the event of large estates.

Can a person contest a will?

There are several justifications for contesting a Will. It could be that a person was not named as a beneficiary, but believes they should be. If a beneficiary feels that he or she should be granted a larger portion of the estate – or that they should be granted specific pieces of property or assets that were not bequeathed to them – then they may contest.

How long does it take to settle an estate?

This answer is probably unsatisfying, but typically, the process can take about a year, and there are several factors to take into consideration. Once a will is filed with the court, it starts the process called probate.

Why does probate take longer?

If that happens, it can take longer because the probate court has to appoint an estate administrator and monitor the estate more closely. Some people are great about keeping records in their lifetime. This can really help to expedite the work of an executor.

What is probate in a will?

Once a will is filed with the court , it starts the process called probate. The probate court oversees the executor’s actions as he or she completes every step of closing the decedent’s estate. The probate court does many things, including making sure that the assets are properly distributed to beneficiaries. Of course, you have no control ...

How long does it take for a settlement check to be delivered?

While many settlements finalize within six weeks, some settlements may take several months to resolve.

What is a lawsuit loan?

A lawsuit loan, also known as pre-settlement funding, is a cash advance given to a plaintiff in exchange for a portion of their settlement. Unlike a regular loan, a lawsuit loan doesn’t require a credit check or income verification. Instead, we examine applicants based on the strength of their case.

What is structured settlement?

Unlike a regular settlement that pays the settlement amount in full, a structured settlement is when a defendant pays the settlement amount over time. These types of settlements usually occur when the case involves a minor or if there was a catastrophic injury that requires extensive ongoing medical care.

How long does it take for a check to clear?

Once your lawyer receives the check, they usually hold it in a trust or escrow account until it clears. This process takes around 5-7 days for larger settlement checks. Once the check clears, your lawyer deducts their share to cover the cost of their legal services.

Joanne Reisman

Not sure who your lawyer is but probate can take a while. It doesn't sound like your case should take this long and in fact you case may not have needed a probate to start with if there were few bills and only one house that needed to be sold. Sorry you are having a bad experience.

James P. Frederick

I agree with both of the prior answers and to elaborate on Attorney Zelinger's answer, it would certainly be within your rights, under the circumstances, to review the lawyer's billing statements and to determine just how much time has been spent putting together this accounting.

Steven M Zelinger

Sounds like it is taking longer than it should. You should ask the attorney why it is taking so long and don't be afraid to ask for a break in the rates if you feel unnecessary time is being spent.

Joseph Jonathan Brophy

There is no usual time it takes to complete a probate, but a final accounting shouldn't take more than a few months after the assets are disposed of. Since you are at the end of the process, it would probably cost more to change lawyers than to keep the one you've got.