The estate is in Atlanta, GA; the deceased passed away more than five years ago, leaving his considerable estate (over $2,000,000) to be equally divided among his five children. The executor (a brother) decided that part of the estate was not to be equally divided because it was an inheritance from a step-mother who was unknown to two of the older children. The two older children did not agree. The oldest child "hired" a lawyer probono to research the situation and to protect her interests. The probono lawyer from her church is now a judge in Fulton County! This lawyer (now judge) guided my friend (the oldest daughter) to sign over power of attorney to him, and she discovered that he has cashed at least one $3,000 check that was mailed to him from her brother on her behalf. The lawyer eludes contact and declines explanation. So, my friend now has three problems: 1. She has no money for a proper lawyer to defend her rights; yet, she is not poor enough to qualify for help through Legal Aid. 2. Her brother does not like her because she protested his actions and now he tells her nothing. 3. Her probono lawyer has power of attorney and tells her nothing. Please, some advice for my friend. Thank you. xxxxxxxxxx
State/Country relating to question: Georgia
My friend has tried pro bono legal help at least twice. She doesn't feel like she can afford proper legal advice--though her inheritance should be considerable--and Legal Aid won't help her. Currently she has handed over power of attorney to a probono lawyer--who has used the power to cash at least one check that was mailed to him on her behalf, endorsing her name to the check.
I need you to be a little more specific in your question(s) if you could. When we answer general ones we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.
I'm writing on behalf of a friend--a friend from childhood, and I know the family very well, but I'm telling you all I know. My friend and her husband come to me and my husband, and we don't know how to help them. We've given them money but can't cover the costs of a lawyer for them. They've been told by professionals that they really MUST get a proper lawyer, but they seem to always try to find pro bono, and they seem to believe that they cannot possibly afford a lawyer. Yet, so much inheritance money is in the balance. Sometimes they sort of give up the fight for what is hers. Do they simply need to find a real lawyer who will merely take part of the inheritance and no longer keep looking for someone to work for free? I know this sounds too obvious, but if you say it, and if you believe that there are lawyers who will work for a % of the recovered money, I will tell her she must do that. Thank you--even if you must speak in generalities.
I understand.She needs to look for lawyers that do civil litigation and probate litigation. Some, not all but some, will do the case on a contingency (%) basis and the ones who do are generally better lawyers because they know they are getting a % and won't just run up fees. I ran a quick Google search which yielded a number of lawyers in GA whose websites indicate that they do at least some cases on a contingency basis. I'll put the link to that search below. In addition, she can go to www.lawyers.com and look for ones who advertise "probate litigation" and then call to see if they accept contingency cases. She may also want to look at the lawyers who are members at www.justice.org and www.gtla.org. If she has a good case and is likely to inherit a decent sum of money she shouldn't have a problem finding a lawyer to take it on a % basis.No good lawyer is going to take this kind of case for free, since she stands to make money due to their efforts and it is only fair that she pay for the representation. Lawyers take cases for free (pro bono) when the person isn't going to get any money and they need someone to represent them, like in divorce or criminal cases and sometimes in civil rights cases.That Google search is https://www.google.com/webhp?rlz=1C1SKPC_enUS379US379&sourceid=chrome-instant&ix=h9&ie=UTF-8#hl=en&rlz=1C1SKP C_enUS379US379&sa=X&ei=8yfnT9f_LrC-2AWqxtzaCQ&ved=0CFoQvwUoAQ&q=georgia+probate+litigation+attorney+contingency&spell=1&bav=on.2,or.r_gc.r_pw.r_cp.r_qf.,cf.osb&fp=8fc59b0846d98760&ix=h9&biw=1163&bih=793If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.
Estate Law Expert
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