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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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To make this short i was the executer for my Grandmothers

Customer Question

To make this short i was the executer for my Grandmothers estate. I went thru a court battle in probate with a cousin who was trying to steal my grandmother's home. she had her sign a grant a deed when she was a a demented state. The case then went to a civil court where it was settled. This was in 2004. All this time I had lawyers that were handling this. I asked if all this was done for this started in the year 2000. THE ANSWER WAS YES. Now I was sent a an ORDER TO SHOW CAUSE 12 years later because the lawyers did not take care of this. This is so frustrating.
Submitted: 2 months ago.
Category: Legal
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 2 months ago.
Should the lawyer who was handling my grandmothers estate finish the probate Order To Show Cause. He knew about the probate case before it went to a civil case.
Customer: replied 2 months ago.
It seems to me this should have been done 12 years ago. Now he want to charge me again at higher pay rate because he has to look all this old info up.
Expert:  Dwayne B. replied 2 months ago.

It depends on what your agreement with the lawyer was. If he quoted you a price for handling the one matter and then price would have doubled or tripled to handle the other matter then most experts would say no, the lawyer was not under an obligation to handle the Order to Show Cause just because he was aware of it.

What you probably want to do is sit down and discuss with him the charges that are involved and find out why he didn't handle it in the first place. If his explanation sounds reasonable then you may want to consider negotiating with him to get the case handled and pay him but at the rates he charged back then and not the ones he charges now.

If you don't have anything in writing saying he was hired to do that job at the old rate then he likely wouldn't be held responsible by the court or the State Bar.

Customer: replied 2 months ago.
He started out working on the probate case before it went civil. He knew about the probate case.
Expert:  Dwayne B. replied 2 months ago.

The issue won't be whether he know about the probate case or not, the issue is going to be whether he was paid to handle it or not. I'm not offering an opinion on whether he was or was not paid, etc. since I don't know the facts. I am just explaining how it will be regarded and who would have the burden of proving what.

If you believe you have already paid him to do the work on the probate case and the "civil case" then you can certainly tell him that and insist that he work on this part of the case as well. If he disagrees then you can contact the State Bar, they usually have some method of resolving fee disputes short of a lawsuit, or you can hire a lawyer to pursue him for whatever it costs you to hire someone else to handle the case or for whatever extra he charges you if you use him.

Expert:  Dwayne B. replied 2 months ago.

I am going to be offline for a couple of hours but if you have follow up questions feel free to ask them in this thread and I will pick up on them when I return.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.