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My father passed away last April. I am his only beneficiary.

My father passed away...

My father passed away last April. I am his only beneficiary. The bank said they had him sign on the wrong line causing me to have to get an attorney for a letter of testmentry to get the funds from hos bank. I hired an attorney, gave him $400 to file for the letter and I am supposed to give him another $800 upon receiving the letter of testmentry. Since it has been almost a year and I can't get the attorney to call me back, I called the county probate court. They told me the attorney has not completed the paperwork. There is a case number ***** the fees have been paid but paperwork not completed. Once again I have called the attorney twice in the last 4 days and had to leave a voicemail. I found not go into detail on the voicemail. After all that, my question is do i continue to try to reach him and tell him I contacted the court or can I should I look into another attorney and will I still owe the first attorney the $800 if I look into somebodybelse?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

Lawyer's Assistant: What steps have you taken so far?

I have emailed him a few times ( not recently) but I have never gotten a response. I've called a few times over the last 8 months plus the two recent times but never a call back. I don't want to make him mad but this has taken a lot longer than he said it would during our initial consultation.

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

I dont think there is anything else, I just need to know what is reasonable and what my options are since there has been little to no communication from him.

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Answered in 11 minutes by:
3/19/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,785
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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.

At this point, this should not be taking this long and the attorney is violating the rules of professional conduct as well. So what I would suggest is 1) get a new attorney immediately and get this matter resolved, 2) send a written complaint with documentation to the state bar office of disciplinary counsel explaining that your counsel never communicated with you and did not perform as promised causing you extreme prejudice.

Then, once the complaint is filed and your case is resolved regarding probate, if it cost you any more than you agreed to pay him initially, you can sue him for damages he caused you to suffer.

Also, if the bank was negligent in their getting the signatures, eventually you can sue the bank too for the attorney's cost their negligence caused you to spend and you can do that in small claims without any other attorney.

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.

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Customer reply replied 3 months ago
Thank you so much, do i explain all this to the new attorney and should I have to pay the $400 filing fees again? Also, is this communication in my email so I can look back at it?

Thank you for your reply.

No, you should not pay any more filing fees, but you need to get this resolved and you will need another attorney to do it since this one is not communicating.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,785
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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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).

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