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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My wife was named as the Executrix of her mothers estate.

Customer Question

My wife was named as the Executrix of her mother's estate. The local attorney who prepared her will was contacted to direct her on what to do. He never provided us with either a verbal or written fee agreement , although it was requested. Unfortunately, we have received two notices from the Register of Wills Office indicating that we were in violation of a rule for the filing of a certification. Moreover, it was our intent to pay the estate taxes to take advantage of the discount, needless to say the deadline has passed and we lost several thousand dollars in unecessary taxes. Further, the attorney has not provided us with any evidence that the estate has been advertised.
Two emails were sent to the attorney to which he acknowledged receipt. The emails simply requested the opportunity review what has been done and what needs to be done and to establish a timetable for handling the balance of the estate. He did not respond. We finally sent him a certified letter advising him we were no longer interested in having him represent our interests. The Regist of Wills has indicated we need to present a Petition along with an Order to the Court to have this attorney removed.
I have prepared a short three part petition with a simple order. Would that be sufficient as we do not want to throw a lot of dirt at this attorney for his failure to act.
Submitted: 3 years ago.
Category: Legal
Expert:  Barrister replied 3 years ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
Did the attorney ever actually agree to represent the executrix of the estate in helping to administer it?
And I am assuming that at least the initial petition to open the probate case lists the attorney as representing the executrix?
Can you attach a copy of your petition?

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