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Jack R.
Jack R., Attorney
Category: Estate Law
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Experience:  Part of the 'Save the Dream
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My grandfather passed away a over two years ago. The attorney

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My grandfather passed away a over two years ago. The attorney who witnessed and signed my grandfather's will took over two years to produce the will and provide copies to the decedents. Some of us did not know the will existed. This was not a large estate but the will was not executed as written. I believe this attorney had legal obligation to produce the will at the time of death or with in a reasonable amount of time. Arkansas law allows five years to take an estate to probate court. But I also want the lawyer reprimanded. What is my next move?

If you really feel you wish to 'reprimand" the lawyer you should call the Arkansas Bar Association, or your county local Bar association. They can assist you with filing a grievance against the attorney. The Bar can take action leading to a reprimand, or provide other sanctions to attorneys failing to provide clients with the appropriate level of service demanded by the code of ethics.


As far as executing the Will, the executor has that responsibility. The attorney may be hired to assist, but the responsibility is the executor's. If the executor is failing to perform, he/she can be removed and or sued for damages. The probate process itself allows beneficiaries to challenge what the executor is doing. You should make sure that you attend all hearings and do not sign any waivers for hearing notices.


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