Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Sold heir) of my late husband's (an attorney) estate. I have…

I am PR (and sold...
I am PR (and sold heir) of my late husband's (an attorney) estate. I have been collecting fees due him from former client (minor represented by guardian/mother, who also was a clientr). I feel that client's new lawyer and real estate agent are not being completely forthright with ne about property sales and settlement, and my entitled fees were decreased by $500 for 1 property and when made aware of the error, I was not paid--the 2 attys. es are bh (but possibly are with two attorneys , former co-counsels , who will each get 1/3 of 40% pf net proceeds). I suspect that I (a non-lawyer) am not given the same information that the 2 lawyers (co counsels) receive --e g., what homes are being sold and settled,, or even sent same Hud-1s (attachment deleted before emai sent to me) and I continually have to check the disbursement figures because I was shorted $500 from one sale and despite error being brought to all parties' attention, I have not been paid. What action can I take to ensure that I get paid on the remaining homes 6 or 10--I am not sure of the number because attorney has not given me a status report or answer to ny direct question of how many have been sold. We three each have individual judicial order mandating our payment from property proceeds and counsels are to receive accounting of deposits and withdrawal of funds in guardianship checking account until debt paid. I had an attorney before the judicial order was signed but now I do not, and I cannot afford one. Client's attorney has not complied with my requests for an accounting-- I do not know if not because the order specifies "counsel" and I am notI am not an attorney and he knows thatdid not get it because I am not a lawyer and the order would then order says to be sent to counsel and he knows I am not anttorney What action or motion can I file to ensure that I get paid if the client sells homes (with or withought an agent) and o attorney (same or new ) does not r switches attorneys or real have no have asked client's attorney for an accounting of deposits and wirhdrawals in the guardiansgip account until our debt is paid. ut received nothingSince I am not an attorney and presently not
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 1 minute by:
11/23/2017
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 47,041
Experience: Texas lawyer for 30 years in Estate law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Estate Law Question

You would have to sue the others involved and seek court ordered accounting.You can file it here in probate court and have the probate judge hear it.

I would make one last demand in writing threatening legal action as executor here to see if they will comply and sue otherwise.Under Maryland law any suit involving the estate and debtors to you is heard in probate court.You can try this yourself pro or consider another lawyer here to pursue them and seek legal fess as well.You have duty as PR to pursue the claims against anybody owing the estate and you are sole heir here.

I appreciate the chance to help you tonight.Thanks again and the best here.

If you can positive rate 5 stars it is much appreciated.

I wish you a Happy Thanksgiving.

Ask Your Own Estate Law Question
Customer reply replied 6 months ago
The properties being sold by the guardian (mother) belong to her minor child. So there is an active guardianship estate case, and the Orphans Court Judge signed the judicial orders mandating our fees. I found out a hearing is being held next week and I think it has to do with 3 of the properties that the lawyer is not giving me a status report on. Since minors are a protected class, I have not been able to gain access to the record. Once I filed a Motion as an Interested Party in the Guardianship
Estate but it was not heard. Is this an
option for me to refile? Are guardianship cases not open to the public? if they are, is it possible for me to file a motion Requesting Enforcement of Judicial Order and cite some of points previously mentioned?--this way do you think my Motion can be addressed at same time they are in Court for the scheduled hearing? Or, is it better for me to approach the matter as a creditor, rather than request to be appointed as Interested Party (which I think is hard to get)? And, if I file any Motion, do I have to send copies to the other 2 attorneys (who do not share my fervor--maybe because they are in the loop and collude to keep me in the dark or join forces to get more money than ne--under the table or flipping numers)? I have sent them copies before since we equally split the 40% fee
o I have to request appointment as an Interested Party (whichbzi think is hard to get) need to a motion, pro se , for Enforcement of Judicial Orders (AND Request a Hearing) and (include some of the points mentioned in my question)?--this way do I have a chance of having my Motion addressed at the scheduled hearing if I show up in Court on the day of the scheduled hearing?

You can file as interested party in guardianship and motion to enforce judicial order are both options here to try and protect yourself.You can also try as a creditor.You may try any of these or all.

Ask Your Own Estate Law Question

I would definitely appear at the hearing here and try to get your motion(s) heard.

Thanks again and good luck here with all.

RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 47,041
Experience: Texas lawyer for 30 years in Estate law
Verified
RayAnswers and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 months ago
You did not answer my questions;1. Is filing Motion for Enforcement of Judicial Order with citation of points I mentioned in my question viable?2. Do I have to send cheese copies of Motions to the other attorneys since they have not raised an issue?3. Are guardianship case hearings open to the public (since minors' files are closed) so that I can just show up even if I do not file a motion?

1. Is filing Motion for Enforcement of Judicial Order with citation of points I mentioned in my question viable?

Yes you have to try here.

2. Do I have to send cheese copies of Motions to the other attorneys since they have not raised an issue?

Yes you are required to serve all parties here with motions.

3. Are guardianship case hearings open to the public (since minors' files are closed) so that I can just show up even if I do not file a motion?

They should be open here and you are a party or creditor.

Ask Your Own Estate Law Question
Joycelaw
Joycelaw, Attorney
Category: Estate Law
Satisfied Customers: 116
Verified
Phone call session started
Was this answer helpful?
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 47,041
47,041 Satisfied Customers
Experience: Texas lawyer for 30 years in Estate law

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

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... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...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:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

47,041 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
How long can a deceased persons name stay on a house deed
How long can a deceased person's name stay on a house deed?… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,712 satisfied customers
How does one walk away from an insolvent estate with an executor
How does one walk away from an insolvent estate with an executor who chooses not to qualify. Can any of the assets be disposed of, i.e. clearing of personal property from a rented apartment and sale o… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
how long does an executor of an estate in pa have to settle a estate & trust
the person of the estate passed away in june of 2008..the executor has failed to give copys to the half beneficary of the trust, what if any are the consequences for this? the half beneficary..of the … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Under California Estate law, are statutory probate fees
Under California Estate law, are statutory probate fees calculated from the estimated property tax value? Do they include debt? For example, a home valued for property taxes at 310K, appraised by a ce… read more
Jessica B
Jessica B
Juris Doctor
1,036 satisfied customers
Prior to a estate being settled in probate court, should a
prior to a estate being settled in probate court, should a attorney representing only 3 of 5 heirs be paid for his services prior to settlement? The other 2 heirs have their own attorney The estate is… read more
RayAnswers
RayAnswers
Attorney
47,041 satisfied customers
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE WAS NOT ANSWERING MY QUESTIONS. I SOUGHT ADVICE FROM ANOTHER ATTORNEY WHICH I HAVE DISENGAGED FROM AND NOW THE ESTATE CLAIMS HE NO LONGER REPR… read more
RayAnswers
RayAnswers
Attorney
47,041 satisfied customers
We have an estate in probate in Missouri. How does this
We have an estate in probate in Missouri. How long does this take. Every time we call they give us a different date. It hasn't all been sent to the courts yet even though all paper work is done. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
Not really yet, I am an heir to a probate and would like to
Not really yet, I am an heir to a probate and would like to share an attorney with one of my cousin and my brothers and sisters. is that a conflict of interest? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If an individual estate is in probate and a property is sold
if an individual estate is in probate and a property is sold that he was an heir, how are the proceeds distributed?… read more
Jessica B
Jessica B
Juris Doctor
1,036 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding what my options are to deal with an attorney and personal representative that are not … read more
RayAnswers
RayAnswers
Attorney
47,041 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding the annual accounting. The personal representative was appointed in August of 2016 and… read more
RayAnswers
RayAnswers
Attorney
47,041 satisfied customers
I am an heir in an estate that is being probated in the
I am an heir in an estate that is being probated in the state of Oregon under the laws of intestate. The personal representative is now saying she wants to close out the estate and make the distributi… read more
Jessica B
Jessica B
Juris Doctor
1,036 satisfied customers
I received checks from an asbestos settlement paid to my deceased
I received checks from an asbestos settlement paid to my deceased husband's estate. I was told as the executrix of the estate I would have to open am estate account in a bank, I did that and filled ou… read more
RayAnswers
RayAnswers
Attorney
47,041 satisfied customers
I need to know the law regarding the exhumation of a body from
I need to know the law regarding the exhumation of a body from a cemetary in Wheaton illinois.This body (my sister)has already been exhumed from a grave in England and re-buried.(without prior knowled… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If an administrator dies before the estate is completely settled
If an administrator dies before the estate is completely settled what are the steps for establishing a new administrator?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
What is the CRIMINAL OFFENSE (if any) for an executor to take
What is the CRIMINAL OFFENSE (if any) for an executor to take the money from the estate and not disperse it to the heirs as the will stated for it to be dispersed in Texas. My sister and myself were 5… read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
My father named me as his executor and trustee of his Will
My father named me as his executor and trustee of his Will 10 years ago. Since his death this past February my three sisters who are heirs to the estate are not cooperating with me trying to carry out… read more
LegalGems
LegalGems
Juris Doctorate
11,915 satisfied customers
1) HOw does the remainderman find out if there is any waste
1) HOw does the remainderman find out if there is any waste to the residence while the life tenant is there. 2) If the life tenant dies and there is waste.... how do you collect for damages. 3) How do… read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x