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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
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Answered in 1 minute by:
11/23/2017
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 45,285
Experience: Texas lawyer for 30 years in Estate law
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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.

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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.

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Customer reply replied 3 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.

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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
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Customer reply replied 3 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.

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