How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask John Legal Your Own Question
John Legal
John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience:  Over 15 years legal experience.
Type Your Legal Question Here...
John Legal is online now
A new question is answered every 9 seconds

I was named to independant executor of my mothers estate,

This answer was rated:

I was named to independant executor of my mother's estate, but have had expendetures I paid, and am having problems with the attorney who is acting only as an advisor. What can I do to finish this out. The judge ordered this probate closed almost 2 years ago. help me please,
Maureen Drobitsky
Welcome! Thank you for your question.

Can you explain how exactly the attorney is holding up the process?

Has the attorney submitted a bill to the probate court that the court is refusing to close probate without the bill being paid?
Customer: replied 3 years ago.

to my knowledge no. He has also sent no paperwork to me for the past couple of years. I even tried to force something to be do by contacting another lawyer in the area for help. All he did was call my advising attorney and made it out like I was being greedy. My sister, who was my only immediate family member died in 2005 before jkmy mother. Her children were no longer in her custody and did not reply with any information to him. Leah Hunter, her daughter gave a bad address, and a phone number that was not hers. I even tried to call her and was told this was not her number. It was a friends, and she never called back.


the last contact I had with her was when I went to get my sister and her to attend my fathers funeral. Sharon had to get leah from another address and I was not let known where she or XXXXX XXXXXved. I had to drop them off at some unknown address to me. I mention I also did not have the best of relationships with Sharon. I did try when we attended the funeral but was led down a rosie path as she always did even with our mother.

I am not exactly sure what you are talking about because I do not have your full history. However, I think that you are saying that the major issue with the estate is that there are missing heirs that are entitled to a share of the estate by law and that since you cannot find them you are having trouble closing the estate.

Unfortunately I must tell you that even though your sister had no contact with her children they are heirs of your mother's estate unless you mother cut them out in a specifically written will. If they are heirs then they must receive their mother's share of the estate before you can close it out. If you have done all your searching and cannot find them then you can request a court receive and hold the assets that are due to the missing heirs. You should know that there is no way that the court is going to let you close the estate without assuring that the missing niece and nephew's shares are either distributed to them or held with the probate court for their later benefit.

I can also tell you that some of the smallest estates that I have cost the most when I have to search for heirs and piece together distributions to children. This is time consuming work.

There is no way that I would call you greedy by not wanting to go through this process. However, this stuff is complex and very specific. Sometimes people do not understand the level of detail and specific requirements that a probate court can require.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

Please show your appreciation for my candid, accurate information by clicking VERY INFORMATIVE, OR the OR and positive feedback. You should only rate me if you are satisfied with the information I provided you. If you cannot rate me GREAT please do not rate. Give me a chance to make it right by clicking REPLY TO EXPERT.

I appreciate your question and repeat customers. You can request me by beginning your question with "Dear XXXXX..."

Thank you,


Customer: replied 3 years ago.

My sister lost custody of these children. How are they still entitled to anything and am I not entitled to be paid back for bills that I paid out of pocket and also paid double for such as the bill to the mauseleum. He even stated to me that if and since she lost custody of all of her children this changes the "game". His words not mine

You are certainly entitled to be paid back for expenses you paid for the estate. You will need to provide proof of the bill and of your payment of the bill. Just because your sister lost custody does not mean that she is not their legal parent. If her parental rights where removed by the court and the children where adopted by another then it is possible that they are not entitled to anything. However, it will require digging through court records and determining their status as legal children of your sister.
John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience: Over 15 years legal experience.
John Legal and 5 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Dear John,


I am appreciating your assistance even though I can see it will be limited. I have notified QVC, HSN, Shop NBC, and the bank I took a personal loan to pay off the funeral bill. I found that was not enough, but used these funds to pay off other bills in her name that if he was advising me, I would not be in this position. When I sold the house, I made sure the funeral bill was paid. In addition I found I have paid for the internment twice. Cash and the funeral home's listed billing. All the shopping channels are not helping a whole lot in getting me my info. I believe that they do not want to have to refund the estate. How much usually does the indepentant exec. claim for work done on the estate? He paid me $1000.00. Please help give me some guidance. The atty. who is ripping me off is not doing much!!

Thank you, Maureen [email protected]


Thank you for your further questions. You are correct that there is only a limited amount that I can assist you with. This type of forum is not built to provide detailed and complete legal advise. I can give you guidance as to the how the law applies to the limited information you provide.

An independent executor can usually be paid a fee of 5% of the assets brought into the estate.


JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan

Meet The Experts:

  • Tina



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • JPEsq's Avatar



    Satisfied Customers:

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • Law Educator, Esq.'s Avatar

    Law Educator, Esq.


    Satisfied Customers:

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.


    Satisfied Customers:

    7+ years of experience handling various legal matters.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.