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 Ely Your Own Question
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102327
Experience:  Fully licensed attorney in Texas in private practice.
Type Your Estate Law Question Here...
Ely is online now
A new question is answered every 9 seconds

My father died almost 2 years ago. I am estranged from my

Customer Question

My father died almost 2 years ago. I am estranged from my family. I never checked into his will. almost a year ago I was contacted by Schwab; they were looking for my brother who is the executor. This account was not part the will, but through this I discovered that my father's estate is split between myself and my brother. For months now, I have contacted the the lawyer trying to pursuade him to move on our case. He promises to do so but does not follow through.
My brother and I are not in contact, but he seems to be in no hurry to complete this process. I am wondering if there is anything I can do to expedite things.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. 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.

I am sorry to hear about your loss and this situation. Executors of a probate action in Mississippi have a duty to act timely, but no "window" is given (since each matter is on a case by case basis). As such, someone in your situation can file pleading with the court to ask the Court to order him to hurry up, but then it would be up to the Court to decide how much time to give him and whether or not to set a deadline at all. The Court may also, on its own motion or on that of an interested third party, have the Executor dismissed if the Executor proves unwilling or unable to timely probate the matter or meet certain deadlines.

However, one's relief rests with the Court. Perhaps a letter threatening this may spur him to action without needing to actually file anything, but it depends on him.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!