what to do if lawyer does not do their job on probate

Contacting the state bar is a different issue--they will investigate and perhaps order some kind of penalty or discipline. The other issue is closing the estate, which a different attorney should do. Find another one, preferably by a trusted friend or advisor's referral, have the new attorney get the file from the old one and finish the job.

Full Answer

What does a probate lawyer do?

This type of lawyer is well versed in all the probate laws in your state, and their job is to guide the executor of will through the process and help with any difficult steps. Some of the jobs they might take care of including the following: Appraising the property of the person who passed away. Securing all that person's assets.

Do I need a lawyer to probate a will?

Nov 22, 2011 · Posted on Nov 22, 2011. Posted on Nov 22, 2011. Stop in, and tell him he is fired. Ask him to write you a check for the remaining Retainer, and get a new attorney with a new retainer. He serves at your pleasure; if he is not pleasing you, …

What to do if you are an executor of a will?

file the will with the local probate court. get appraisals of valuable property, and. file the deceased person's final income tax return. Keep in mind that many lawyers are more flexible than they used to be about offering what's often called "limited representation" or "unbundled services."

What happens if an executor does not follow the law?

Re: estate attorney not doing his job. First of all as to any complaint to the State Bar it will not yet another self create a situation that may be rectified voluntarily. It will take affirmative action on your husband's part. I would suggest that he immediately, and I do mean immediately contact an attorney who specializes in estate litigation.

What is the most common complaint against lawyers?

How long should it take for a lawyer to get back to you?

How do I report a lawyer in South Africa?

Why do lawyers ignore you?

Is it normal to not hear from your lawyer?

What should you not say to a lawyer?

Does my attorney have to give me my file?

Can a lawyer refuse to represent someone in South Africa?

Who can complain to the Legal Ombudsman?

How often should I hear from my attorney?

Why do lawyers take so long to settle a case?

What is it called when a lawyer does not do his job?

Christine C McCall

It's plain from the facts set forth in your post that the attorney has done some work on the case, so your frustration seems to be based largely on his failure to communicate with you. This is a common pitfall for attorneys -- in fact, it is the leading cause of complaints for professional misconduct.

George Ellis Corson IV

Stop in, and tell him he is fired. Ask him to write you a check for the remaining Retainer, and get a new attorney with a new retainer. He serves at your pleasure; if he is not pleasing you, find another attorney to take up your cause.

Do lawyers take responsibility for probate?

In other words, many lawyers no longer insist on taking responsibility for all the work of a probate case.

How long do you have to keep a probate case open?

State law requires you to keep the probate case open for months, to give people time to come forward with disputes or claims—but in most probates, beneficiaries don't argue about anything in court, and few creditors submit formal claims. By all means, ask the lawyer any questions you have about the proceeding.

What to do when winding up an estate?

When you're winding up an estate, there's usually a lot of legwork to be done—things like making phone calls and gathering documents. Many of these tasks don't need to be done by someone with a law degree. So if you're paying the lawyer by the hour, you'll probably want to volunteer to take on some of this work yourself.

When the Executor of the Will is Not Performing Required Duties

Throughout this process, the executor also has a fiduciary duty to the beneficiaries. This means the executor must manage the estate in an adequate and impartial management manner and put the beneficiaries’ interests above their own.

What Happens If the Executor of the Estate Is Not Performing Duties?

If the executor of the estate is not performing their required duties, a beneficiary’s attorney can take legal action. Executors can be removed and sued for financial harm they caused. Your attorney may take the following steps:

What If the Executor Does Not Probate the Will?

If the executor does not probate the will or refuses to do any other of the required duties, you should speak to a probate attorney immediately. The longer the misconduct continues, the more the estate will be damaged, and the harder it will be to recover funds.

Contact Our Attorneys for Help

If you are a beneficiary who worries about what will happen if an executor does not probate the will, or who suspects an executor is not performing duties correctly, we can help. If you have questions about other estate planning or probate matters, the Washington probate attorneys at Dickson Frohlich can provide answers.

Who can oversee an estate in Cincinnati?

The court can appoint a new personal representative to oversee the estate. A beneficiary who believes that the executor isn’t living up to his duties can petition the court for the executor’s removal. A beneficiary or heir who wishes to take this step should be represented by a Cincinnati probate attorney who can provide assistance in convincing ...

What is the role of executor in a will?

Executors are named in a deceased person’s will and they are given tremendous responsibility for overseeing the probate process. Executors have to take care of assets, file court paperwork, and facilitate asset transfers, among their many obligations.

What do executors do?

Executors have to take care of assets, file court paperwork, and facilitate asset transfers, among their many obligations. They have a legal duty to fulfill their responsibilities in an appropriate manner, and there can be serious consequences if they don’t.

What are the responsibilities of an executor in Ohio?

Executors have to: Take care of the property which the deceased person owned and which was a part of the estate. Receive payments which are owed to the deceased’s estate, ...

What to do when someone dies?

Take care of the property which the deceased person owned and which was a part of the estate. Receive payments which are owed to the deceased’s estate, including dividends from investments, interest payments, and other types of income which are earned by estate assets. Collect on debts which are owed to the deceased.

What to do with a deceased person's estate?

Receive payments which are owed to the deceased’s estate, including dividends from investments, interest payments, and other types of income which are earned by estate assets. Collect on debts which are owed to the deceased. Collect on outstanding notes due to the deceased person.

How to collect on outstanding notes due to deceased person?

Collect on outstanding notes due to the deceased person. Determine who all heirs are, including their names, the degree of their relationship with the deceased person, and the contact information for heirs. Determine who all beneficiaries named in a will are , including their names, addresses, and ages. Investigate any and all claims which are made ...

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 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 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.

Where to go if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

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 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 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 to do if your attorney doesn't comply with your obligations?

If a lawyer does not fulfill those obligations then a client might be able to seek recourse for the lawyer’s behavior.

What happens if a lawyer does not fulfill his or her obligations?

If a lawyer does not fulfill those obligations then a client might be able to seek recourse for the lawyer’s behavior. Therefore, it is important for clients to understand what their lawyers’ obligations are and what they can do if those obligations are not met.

What is the ABA model?

The American Bar Association (ABA) has set forth Model Rules of Professional Responsibility. Since many states use the ABA’s model rules to fashion their own professional rules for attorneys, the information used in this article is based on the ABA’s model rules. It is important to check with your state’s attorney regulatory board ...

What is the responsibility of an attorney?

An attorney has the responsibility to provide competent representation to each client. That means that the attorney must have the legal knowledge and skill to represent the client in a particular matter and be thorough in his or her legal preparation.

Why do lawyers use reasonableness?

Most of the Rules of Professional Conduct use a reasonableness standard in order to determine if an attorney’s conduct is appropriate. Since an attorney is a professional, the question would be one of reasonableness for other professional attorneys.

What is a disciplinary complaint against an attorney?

A client, who believes that an attorney violated his or her ethical obligations, can file a disciplinary complaint against the attorney with the state bar disciplinary committee. Typically, this involves a hearing on the client’s complaint.

What is the power of a board of attorney?

The board has the power to issue public or private reprimands and to temporarily or permanently revoke a person’s license to practice law in that jurisdiction. Clients also have the right to pursue legal malpractice claims in court.