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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118101
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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I am surviving spouse and the probate was only a handful of

Customer Question

HelloI am surviving spouse and the probate was only a handful of creditors and it took 5 years to probate due to the crooks of administrators. Now it is going on 11 years due to the tax mess they caused. Question is my daughter and I had attorneys for 10 years and we lost a ton of funds. We were the only heirs and we were the only ones that did NOT receive one cent. We received a life insurance policy outside the estate and the greed set in by all. It damaged us so much we don't have a home over our heads and we are just about broke I am on s.s. disability and my daughter is in between jobs we are in a hardship. The judge set a Referee for mediation and we were not close to ready due to the IRS but we went and we paid our attorney to pay the Referee he did not he kept it. Also Our attorney is not on the case anymore as he was damaging us.
QUESTION: Our former attorney in April 2016 said the Referee had quit. The other sides attorney had us sign a document in May 2016 to agree to sign to find a new mediator and we did and we signed...In the meanwhile the other referee attorney was seeing the other sides attorney for many meetings and billing them and they now set a meeting called a hearing and my daughter and I were going prepared but that Referee that quit we didn't know why he was still aboard and then he cancelled in less than 24 hrs by snail mail and did not even coordinate a date by e mail with us and he knew we did not have an attorney and we were pro per. Anyways they then made the date without consulting our calendar for 4 days later and gave notice by snail mail when cancelling less than 24 hrs in advance. My daughter got called for interview and is in hardship without a job and I was going but it made it hard as my car was in shop and this date was not planned with us (only their calendar) so I made good effort to show and called about my daughters interview and I pi
Submitted: 10 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Well, it sounds from your description as though you have been a victim of malpractice by your attorney, which is grounds to sue your former attorney for damages and that is one thing you need to explore and you would need to hire a local attorney that handles legal malpractice suits.
You also need to consider filing a complaint with the state bar against the referee and attorney involved for them being biased and conflict of interest for them dealing with each other without informing you.
Finally, I know you may not want to hear this, but you must hire a new probate attorney to step in and straighten this mess out because without one you are on your own and they are just going to keep delaying. You need to negotiate with the new probate attorney to take their fee from what they get you out of the estate and if they are any good at their job, most will do so.
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