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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 114028
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Step grandfather died with Will created in 2010 appointing

Customer Question

Step grandfather died with Will created in 2010 appointing me as administrator. He had two children by previous marriage and my grandmother passed without a will a few years prior to him and she had two children from a previous marriage. He gave his son and daughter a house prior to his death and that was their inheritance. He sent them a statement to this effect and ask them to sign before a notary and return to him. His daughter did but his son wouldn't. The biggest part of his estate went to the grandchildren. His son had two and his daughter has two. He had brain cancer and passed away in 2013. I filed the will and then his son filed suit against me as admin. And individually, my mom and dad and brother, his children and his sisters children. Stating I had undue influence over him and that I had obtained complete control both Will and Mind when he made his will. Me, my brother and our parent had 21 days to file answer. Me and my dad went to get help from an attorney. The answer filed ask for attorney fees and any further relief and we were lead to believe his fees would be taken out of the estate or plaintiff would be ordered to pay for filing unnecessary suit. The attorney said we misunderstood and we are responsible for his fees and also should attorney fees be awarded he would receive that also. Suit was filed 7/2014, inventory filed, commissioner report filed. We were the only ones to file an Answer and in the notarized statement he was to sign on the advance inheritence of the estate it also states that they would cause no problems in the orderly process of his estate.
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 for educational purposes only.

What is your question about this for us?

Customer: replied 1 year ago.
Is the attorney allowed to charge me an hourly fee Due to the necessity of me to seek legal advise and he would also receive fees from the estate?. Would anyone not see this as his Sons intent to harass, cause unnecessary delay and needless increase in cost because he didn't get his fathers Estate? Why would you file suit against your own children and nephews and why would they not file and answer to protect their interest?
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 for educational purposes only.

Who does the attorney represent?

Please explain the circumstances surrounding your other two questions too, as I seem not to find any facts that I can answer those based upon.

Customer: replied 1 year ago.
Attorney represented me as administrator, my brother and our parents.
Customer: replied 1 year ago.
He sent his only son and daughter a statement asking them to sign stating they had received their inherientance and would not cause and problems with his Will. His daughter signed before a notary and sent the statement back to him but his son didn't. When he passed away then his son filed suit against me, my brother, our parents, his own children, his sister and her children. Would this not show the intention to just harass, interfer, delay and cost the estate unnecessary fees?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Did the attorney represent the estate? That would be the primary duty of the attorney and they represent the administrator only by that virtue. So if this was a challenge to the estate, contrary to the no contest clause, the attorney should be charging the estate for representation and defending the administrator's right to continue on for administration. Your brother would be in violation of the agreement to not interfere in the estate and as part of your legal action you can seek legal fees against him to make him reimburse you and the estate for any costs incurred.

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