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My father passed away last year, and we hired an attorney to

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help settle the estate. We...
My father passed away last year, and we hired an attorney to help settle the estate. We paid him a fee up front, and he was suppose to file all the necessary papers. Add in the paper regarding our fathers death, etc. We also waited to file his tax return for 2008, and did all the things that we were suppose to do. Now this attorney will not answer our calls and will not release our father's money left in his estate to all of his children. Please help, or tell us what we should do to get our father's estate settled and the money distributed to us.
Submitted: 8 years ago.Category: Legal
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3/1/2009
Lawyer: Attorney & Mediator, Lawyer replied 8 years ago
Attorney & Mediator
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Has the lawyer said why he is not releasing any of the monies left?

Is probate already closed?

Thanks



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Customer reply replied 8 years ago
NO, we cannot get him to respond to our calls. And we have assumed the the probate has been closed. If he will not communicate with us, we just can't answer these questions and be absolutely sure what has transpired with our fathers case. WE must find out how we can get to communicate with him or file a civil action against him.
Lawyer: Attorney & Mediator, Lawyer replied 8 years ago
Thank you for your reply.

The attorney does owes his clients a duty of competence, meaning a duty to keep you reasonably informed regarding your case and any problems there might have resulted. So from the information provided his conduct is questionable. Under the Kansas code of professional responsibility, which controls the ethics of lawyers it provides that you can file a complaint with the state bar to review for disciplinary conduct. From my reading this is the first step before proceeding with a potential legal malpractice laws suit. You can review the codes here in particular section 209 entitled complaints.

Before doing this, would suggest you issue a written demand letter requesting an immediate meeting to address this. Given him a period of time to comply, say 15 days and let him know you will proceed with a state bar complaint for ethical violations. Since there is a risk of being disbarred, hopefully the lawyer will cooperate. Otherwise, proceed with the complaint process.


http://www.kscourts.org/rules-procedures-forms/attorney-discipline/default.asp






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