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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My husband's father died in 1991. The will states, all real

Customer Question

My husband's father died in 1991. The will states, all real estate property to both sons, Chester(my husband) and his brother John. This involved Canadian property, where at the time, the land alone was valued at $100,000. It had a decrepit cottage on it, but was river front. The brother also forged a boat title and "notarized" a week before father died. It was a friend of brother John that notarized it. About a year before the father died, the brother had the father redo a deed of the Canadian property to go to John's son when he died. We believed that John and his son John, Jr., got the father drunk when this was done.
A copy of that deed was sent to the brother's attorney, so the probate courts accepted the fact that little John got the property. We hired several attorney's who never looked into it, bot***** *****ne, the original of that deed was never provided. We fought and fought, our attorneys never asked for the original deed. Further, they never looked into the nonprobate of the wife of deceased who died years before the father. Her name and his name were joint on the deed. But she was never probated. So we just accepted the fact that the property went to the grandson.
However, we got a new attorney who is on our case, and the 1st question he asked was "what about Dorothy?". When the grandson went to put the property into his name, they could never find the original deed. We believe that the father may have destroyed it when he came to his senses. To make this short, the court did reopen the case, and the property was then included per the original will, to go to both sons. Which placed me as the executor of estate, and property was then sold.
What did we lose? The use of the property for about 15 years, the riverfront cottage deteriorated, after grandson claimed it, and the Canadian exchange of funds was more 20+ years ago. The estate is now being closed, 25 years later, due to our initial attorneys and probate court not doing their job. Can we file malpractice against our original attorneys and the court, and the bar association.
Submitted: 1 year ago.
Category: Estate Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

You mention Canada...was the probate in Canada? If not in what state was the probate?

Customer: replied 1 year ago.
the probate is in Ohio. We hired a Canadian attorney to handle the sale of the property in Canada.
Customer: replied 1 year ago.
We have received all of the proceeds from the sale of Canadian property.
Customer: replied 1 year ago.
This estate has taken 25 years to be finalized, when it should have only taken 4 years at the most due to the initial attorneys and probate court judge.
Expert:  P. Simmons replied 1 year ago.

Thank you

I am now realizing you have a large # ***** questions. I will opt out and allow others to assist (sorry...I thought your question was straightforward...but actually it is quite complex)
If another expert can assist they will

Expert:  Irwin Law replied 1 year ago.

Hello another expert here. I might be able to assist you with your probate question; however I will need to be filled in on a great deal more information than you have provided here. It is not possible to do that in a question and answer format like this, so I will offer you direct phone contact I will offer you additional services, where we can discuss the overall estate proceeding.