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As an heir to my mother's estate, I am having a great deal…

As an heir to...

As an heir to my mother's estate, I am having a great deal of difficulty with the lawyers. My lawyer is rude and demeaning. The lawyer HE put in place because of the legal issues with my brother (using her credit card while she was in a coma and after her death) has been nowhere to be seen. His brother is handling the estate. I gave up my executorship because I would not let my brother steal anything more and be responsible.Despite doing everything and offering them whatever they needed with at least 24 hours notice. They never took me up on that offer.I only found out by accident that they intended on selling EVERYTHING in my mom's house, not honoring the lists that had been made and submitted several times. My anxiety and depression has been severely affected by this.What are my rights?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: What documents or supporting evidence do you have?

I have everything, I never throw out any paperwork because we were expecting my brother and his mistress would do this.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I feel like I am being cbarged an immense amount $30k for something that has dragged on for 2.5 years.

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Answered in 2 minutes by:
11/15/2017
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,724
Experience: 29 years of experience practicing law, including tax and estate planning.
Verified

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Customer reply replied 6 months ago
I fully understand.
Customer reply replied 6 months ago
As much as I would prefer to talk, I can't afford it and am having avery hard time with my anxiety.
Customer reply replied 6 months ago
I do not have any idea how my lawyer has come up with this balance due to him. But he is making my life miserable with his attitude and tone.

Good morning. 2.5 years is ridiculous. Your mother's estate and her assets are not the executor's personal piggy bank. The executor has a fiduciary duty to each beneficiary. Each beneficiary is entitled to have the executor timely file the will for probate...usually within 30 days of death..., to timely administer the estate specifically pursuant to the terms of the will, to have the executor provide a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. Unless there is a particular situation complicating the administration, the administration of an estate would not take over 1 year to administrate and usually only 6-9 months. If the executor fails to produce the inventory, periodic accounting, or fails to timely administer the estate specifically in accordance to the will, you can file a petition with the probate court to have him removed as the executor for breach of fiduciary duty. And, if an accounting, which the court will order if the executor has not provided one, shows there to be any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against the executor. In your situation, I would put the executor and the lawyer on written notice by certified letter of the foregoing and let them know if the executor does not satisfy his fiduciary duty to all beneficiaries in the administration of the estate, including winding up the estate and providing you a complete accounting, you will be filing the petition with the court to have him removed and be asking the court to order an audit of the estate.

With regard to the lawyer, I would also contest their actions and charges. What you want to do is raise the stakes on him so that he knows that not complying with your demands is going to cost him far more in the end than simply giving you your refund now. You should send him a certified, return receipt requested letter detailing the history and demanding he refund aportion of your money in total within a short specified period of time and timely perform this durties. Inform him that if your demand is not timely complied with, you will have no choice but to: i) file a formal ethics complaint with the state bar association, and ii) file a suit against him for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as deceptive trade practice, legal malpractice and bad faith actions, which will entitle you not only to your actual damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your ethics complaint and your suit.

Also, I want you to know there is no need for the call. JustAnswer generates those independently of the experts and we have no control over them. :)

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Customer reply replied 6 months ago
There was never an inventory done on the house, although I was in the house maintaining the property.All of this has become a nightmare for me. The executor was put in place to protect myself from my brother stealingmore from the estate.

I just wanted to let you know that I will be away at funeral for the next couple of hours. Should you have a follow up while I’m away, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.

Also, thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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In that case, I would file a petition to have the executor removed and the estate audited immediately.

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Customer reply replied 6 months ago
I am sorry for the funeral, but this is something I need to know my rights before 3 pm, as that is when I am due in my lawyers office.
Customer reply replied 6 months ago
He is a bully and intimidates the hell out of me. My anxiety is at such a level that I am worried I will have a panic attack. This has gotten messier and messier.My lawyer is furious this is taking so long, wants it over and has said things about me in my presence that have been shocking in the least.
Customer reply replied 6 months ago
Not being rude, but I need answers sooner, and will not be able to wait for your return.I am sorry that if this is insensitive because of the funeral.
Customer reply replied 6 months ago
Apparently finding a lawyer willing to help in this area will be in trouble. No one will take on a problem this bad.I have had no updates (despite repeatedly) asking for them. The nig wrench in all of this is my brother found mom's credit cards and bank i formation, spending a LOT of money before I figured it out.) I wasthe Power of Attorney, and was denied the keys to her BMW, wallet and laptop to do my duties as her POA.
Customer reply replied 6 months ago
We have neen td that we can pick out what we want, and then have them compare amounts...so it is equal. My brother owes thes estate 50K, 25K was to be paid in full directly at me.All of this, and treatment by my estate lawyer have me made very anxious to tbe point of needing eval and possible lawsuit. None of which will never make up how mich of these items cost. This has turned into a sh*t storm (sorry for prianitu.)Personally I am at my wit's end emotionally, mentally and physicall. The has spiraled into a mess and is getting worse every minute.I will report the lawyers to the bar for their actions, but it seems tbat so much was done behind the scene with no notification had made it worse. My lawyer has flat out been rude and sais some things that are apalling in my presence.
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 124,233
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR, as it seems you have asked for a new contributor.

I must tell you that when you have an attorney who is supposed to be representing you and they are not responsive or are not representing your best interests, the best step is finding a new attorney and replacing them. So that needs to be your first step and you need to explain to any new attorney you get what you expect and what has been going on with your case.

Second, you are going to have to file in court to have this current executor/attorney removed from the estate for breach of duty to the estate based on their failure to properly manage and conclude the estate.

I know this is a source of much frustration for you, but until you get an attorney for yourself that you are comfortable is representing your interests, you will never get this matter resolved with the estate as you and your own attorney seem to cannot work together and that is not in your best interests.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 124,233
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
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Satisfied Customers: 124,233
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Experience: Experienced in Trust and Succession Law, including Louisiana Laws

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