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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111526
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My aunt died 2/14. The attorney executor has not closed this

Customer Question

My aunt died 2/14. The attorney executor has not closed this account. It has gone thru probate and the probate court gave him 2 extensions to settle this case. There is only about $4000 involved but the attorney has not returned any calls. What can I do?
Submitted: 8 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 8 months 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.
If the attorney is not winding up the estate and all debts are paid and everything is done, then his failure to complete the estate could be deemed as malpractice. Your next step is to send him a letter and inform hm that you are his client and he has a duty to zealously represent you and close the estate. Inform him that he has no reason to not close the estate now and that if he does not take action in the next 30 days to do so you would be forced to consider pursuing your legal rights through other means and ask him to contact you immediately to close the estate.
Do not tell him anything more. If he does not respond or does not contact you, then your next step is a complaint to the OH bar office of disciplinary counsel and suing him in court for malpractice.

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