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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 30152
Experience:  29 years in civil, probate, real estate, elder law
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Im back and need some advice. The lawyer that I hired to

Customer Question

I'm back and need some advice. The lawyer that I hired to represent me as 2nd Personal Rep to the Estate, lied about his past experience with grievances filed against him. He also failed to provide monthly billings as was discussed before I hired him.I have just found out that he did not follow through with Creditor Claims, yet he sent me documents claiming he did. We disputed his fees, and I filed a grievance against him with the WSBA. Now he is out for blood and attempting to retaliate.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

RayAnswers :

Thanks for your question and good evening.My sympathy here for your situation and dilemma.

RayAnswers :

Washington State Bar here has mediation and other alternative means to resolve fee disputes.

RayAnswers :

It is possible here that the lawyer would file a collection suit.You would have the right here seek fee dispute resolution in such a situation and dispute it in court of that fails.

RayAnswers :

There is for year statute of limitations to bring such a lawsuit.

RayAnswers :






RCW 62A.2-725


Statute of limitations in contracts for sale.

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

(3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.

(4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before this Title becomes effective.

RayAnswers :

And you certainly can contest any attempt to replace you as personal representative in this matter.

RayAnswers :

You may need a new lawyer for this matter as well as defending a civil collection suit if you cannot mediate or otherwise resolve it.

RayAnswers :
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RayAnswers :

I appreciate the chance to assist you tonight.Please let me know if you have follow up , it is never a problem.Thanks again.

RayAnswers :

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.


 


 





This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.

Customer:

He was notified back in July of 2012 that the Estate balance was $13K, much lower than what he was demanding in payment. Per RCW 11.68.080(2), he should have notified the Court within 10 days that the Estate was no longer solvent. He did not do so until January 2013. At that time the court revoked my non-intervention powers, and removed me as PR, but did not release me from my obligations. I just found out through Court Documents he filed June 5th, 2013 - that apparently my concerns about his competence in services were justified. He sent me court documents dated June 22, 2012 - where he showed he had served all of the Creditor Claims with notices of rejection. He further told me in the following months that all Creditor Claims were considered closed and final. Now he states that 2 of these were not done (there were only 4) - apparently the Court shows no record of 2 of them being filed by him. He is now accusing me of perjury because I told the court that all Creditor Claims were closed!?!? He is petitioning the Court to have a 3rd party appointed as new PR to the Estate, and trying to go after my mother for $100K he claims she owes the Estate, and after my 20 yr old son to return the $100K that was setup for him as a Trust by my father back in 2005. He knows he cannot sue me since I received nothing in inheritance, nor any type of compensation for being PR, and only receive SSI income since 1987. So he wants to force the court to recall the original funds and start over, so that the Estate will once again be considered 'solvent' and he can demand payment in full.

RayAnswers :

Well the others here have the right here to contest this in probate.And you may also add to your complaint with the state bar here.The others can also try to force this to arbitration or mediation prior to the court hearing it.And you may have a malpractice claim if he missed deadlines.

RayAnswers :

You would have three years to sue him for professional malpractice.You may want to use lawyer referral to see if you can find a lawyer to take that contingent fee.

RayAnswers :

Reference.

RayAnswers :

I am so sorry that you are having to deal with all of this.You may well have good facts to dispute his claims.

Customer:

I'm not sure what part of this pertains to my situation

RayAnswers :

Well if the lawyer here was negligent--he committed legal malpractice then you would have three years to sue him for that.Your mother and son may need their own lawyer to defend themselves if he has tried to reclaim funds from them.Certainly they can dispute that.The court may agree with them if they dispute it and prevail.

RayAnswers :

The mother here and son may also ask for mediation or other dispute resolution here to see if they can resolve it short of a hearing in court.Again thats an option to try and limit their costs and avoid their own lawyer to defend themselves.Thanks for letting me clarity.There are multiple issues and parties here.

RayAnswers :

And you may well want to pursue legal malpractice based on his failure to complete all of this.

RayAnswers :

You may use lawyer referral to look for a malpractice lawyer to take this contingent fee.

RayAnswers :

I appreciate the chance to provide you the information you asked for tonight.

Customer:

I am so overwhelmed with all of this. I have some more questions, but right now having serious ongoing health issues, so will have to get back to you.

RayAnswers :

Thanks again.If you have more questions post them for Ray.If you can leave a positive rating it is much appreciated.Have a good weekend.

Expert:  Ray replied 1 year ago.
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Customer: replied 1 year ago.

I have attempted for the past 2 days to contact you, and it will not forward any messages without attempting to force me to place another deposit. This was not what I agreed to, and there is no 'Continue Conversation' link.

Customer: replied 1 year ago.

The court did remove me as PR, but did not discharge me. My lawyers resignation took effect Jan 31, yet on Feb 4, he was sending me documents and telling me what I needed to do on my own to close the estate. As directed by the Court, I submitted an Accounting of the Estate, and deposited all of the remaining Estate funds with the Court Registry. When I went back to the court, they advised me to proceed with filing the 'Completion of Probate' and 'Receipt & Waiver of Heir' from my brother. So I did that. I was also advised, that from what the courts understanding was, that since my former lawyer resigned, and declined payment, that the only thing left, was to ask the court to discharge me from my PR duties, close the Estate, and return the remaining Estate Funds.


I guess once my former lawyer got copies of this, he went nuts, and is now accusing me of lying under oath in my court documents, as well as now trying to get the court to reopen the Estate, setup someone he knows as 2nd successor PR, and have that person go after my mother and my son, to reclaim the Estate funds - and then approve his Administrative claim in full - as well as requesting the court to make me personally pay for these new additional expenses and court costs!?!?


I am at a loss as to how he could even attempt to do this.


He is not an Heir to the Estate - the only other Heir is my brother, and he is in full agreement as to how things were allocated and distributed, and even signed the 'receipt and waiver' to prove it so that I could finally just get the estate closed.

Expert:  Ray replied 1 year ago.
I am so sorry that you are having to go through all of this.I am guessing the lawyer here is trying to act as a creditor or the estate and also trying to hold you liable.Again you may need a new lawyer here because you have potential liability in all of this.You and your lawyer would argue that there is not adequate reason to reopen as you have the court has what remains here of the estate.
Ray, Lawyer
Category: Legal
Satisfied Customers: 30152
Experience: 29 years in civil, probate, real estate, elder law
Ray and 6 other Legal Specialists are ready to help you
Expert:  Ray replied 1 year ago.
Thanks so much for your question.If you have another new one I may help you with please post it for Ray, thanks again.
Customer: replied 1 year ago.

So I filed my response with the court, and emailed/mailed a copy to my former lawyer. He in turn suddenly files amendments to his original petition, trying to correct the information that I pointed out was false. He however then in turn replies making more false and inaccurate statements to the court!?!? I am at a total loss, I mean he has full access to the court documents, as well as all the emails between him and I....so why is it he can't get financial accounting and other details correct!?


I have written a second response, once again requesting the court to deny his petition for a 2nd successor PR, as well as pointing out that our grievance against the lawyer was due to exactly the same things he is doing now. He can't get dates right, he makes totally incorrect statements that contradict court documents, and then he turns around and says that despite the fact that he 'declined payment for his services'...and this was done while the grievance was being investigated...now 5 months later after it has been dismissed and I didn't appeal it, he wants to claim that he 'misworded' his letter, and although he used the word 'decline', that wasn't what he meant...even though he made no follow up counter offer, or any attempts to negotiate any additional payment options?


So my question is, should I file this response tonight. The court hearing is on the 26, and I want to make sure the judge has this information before we get there.

Expert:  Ray replied 1 year ago.
Welcome back here.You should file this response so that the court can consider it at any hearing on the matters.This allows you to show a pattern of incompetence as well as factual errors.Hopefully the court sees that overall here he has not been professional in his conduct of thee matters.

Anytime you can show that his pleadings are incorrect and contradictory, etc it gives him real credibility problems.and may help you prevail in all of this.

I wish you good luck here in court.

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Ray
Ray
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29 years in civil, probate, real estate, elder law