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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 88415
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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I had a cousin die in State prison after being sick 5 days.

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I had a cousin die in State prison after being sick 5 days. He had me and my sister as power of attorney. I hired an attorney when he died and was appointed by the judge to handle his estate. He had nothing but after he died we found 2,000. There was three issues this attorney was to handle. The estate, looking into prison death and land that was taken out of his name without him knowing. He took the estate case for 2,000. Then he was going to make his money off the other two cases if any was made. Well, he advised me he saw no way to convict prison negligence after getting medical records. The land is being handled outside the estate and being sold by the person owning it and the money being paid in a trust fund. Now the attorney has advised me since there was no money other than the 2,000 earmarked to pay for estate he is quitting the case. He has filed inventory reports etc to judge but he drug around until now I am going to have to be rebounded and hiring another attorney to go before the judge with something with several items a, b, c. He waited almost 2l/2 years to tell me this. At which time I did not know I would have to pay another attorney, and run ad in paper. I had to email his secretary to find him as he had moved without sending any of the papers on this case being returned. I am now under two doctors had to quite work and start over. The legal papers I signed on this he returned unsigned. What is my options now as I need this cleared up because I am under doctors for stress, depress, anxiety and hypertension. Is it legal to just give all this back to me and expect me to start over.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If he did not perform the work he agreed to perform regarding the estate, then this is potentially considered malpractice and grounds for you to sue the attorney for breach of contract and malpractice. There is no need for you to have to go through all of this from the beginning when the attorney should have properly opened probate and had probate conducted properly and his failure to do so would be grounds for you to sue him for damages, which would include any costs you have to pay to another attorney if this attorney will not complete what you paid him $2000 to do already.



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Customer: replied 1 year ago.

I already new this part just unsure how to handle getting him to handle it since he has closed his office. Just return my money.


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your wonderful feedback. We cannot help the facts customers bring to us nor can we alter them. We also cannot change the laws that are in place and we are constrained by those laws and your facts in providing you information and do not deserve the blame for either of those things.

I understand you may not like the answer, but your question was indeed answered in accordance with the laws and you were told you DO HAVE RECOURSE, whether you like that recourse or not, it is your legal recourse and we cannot make something up that you simply want to hear.

You were also told if you wanted further information, please ask and we are more than happy to work with you, but you have not done that either. We cannot simply know what more information you want unless you ask us and for you to blame us for the facts of your situation or the law is quite disingenuous and you did not provide us any of the information you already claim you now knew.
Customer: replied 1 year ago.

I did ask how I was to do this as he has closed his office.


 

Expert:  Law Educator, Esq. replied 1 year ago.
If you re-read what you posted above, you said "Now the attorney has advised me since there was no money other than the 2,000 earmarked to pay for estate he is quitting the case. He has filed inventory reports etc to judge but he drug around until now I am going to have to be rebounded and hiring another attorney to go before the judge with something with several items a, b, c. He waited almost 2l/2 years to tell me this. At which time I did not know I would have to pay another attorney, and run ad in paper. I had to email his secretary to find him as he had moved without sending any of the papers on this case being returned. I am now under two doctors had to quite work and start over. The legal papers I signed on this he returned unsigned. What is my options now as I need this cleared up because I am under doctors for stress, depress, anxiety and hypertension. Is it legal to just give all this back to me and expect me to start over."

Nowhere in there does it say his office is closed. It said he was withdrawing from the case. Failure to perform what he was supposed to perform under your agreement is considered malpractice. Thus, you have the right (even if his office is closed as he was still an attorney at the time he did this) to sue for malpractice and breach of contract to recover your damages and any costs you incur to close out this estate.

While you may need a new attorney to complete this probate, you have grounds to sue the first attorney to recover those damages whether or not he has subsequently closed his office (which you did not inform me of in your initial post).
Customer: replied 1 year ago.

I am sorry I thought it was clear when I said I had to email his secretary (think she no longer was working did not ask to get him to send me my papers back. He called me about not being able to make any money but I went to his office and found it closed after receiving his letter following the phone call that he was not going to be able to handle case because of no money.
Do I need to email her to forward what needs to be done or mail it to P.O. box or do I have to hire a lawyer to handle this? But like I said I signed papers but he send back without his signing contract.

Expert:  Law Educator, Esq. replied 1 year ago.
You keep clicking bad service, it is not appreciated as I am working to help you and your facts are not my fault as the law is not my fault and you do not have to leave feedback on every response just because you have follow up questions. It takes time for us to deal with the multiple customers who all need and deserve the same time you need and deserve.

As I said, the attorney committed malpractice and you have a right to sue him for the malpractice. You need to hire an attorney to sue for malpractice and to close the estate as well. He does not have to sign the contract, he provided the contract to you and his agreement is presumed by law.

You are going to have to sue him for the malpractice and breach of contract. You can also file a malpractice claim with the state bar office of disciplinary counsel against him. As far as the probate, that can be closed at any time, the important thing is going after this attorney for the malpractice he committed and get that done first to recover your money from him.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 88415
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Law Educator, Esq. and 3 other Estate Law Specialists are ready to help you

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