Update On My Dad's Estate

[JLB]

Also OY I discussed an ex-neighbor/XSO, named personal representative for a neighbor we helped his last couple of years. The ex-neighbor/XSO did not open probate and an out-of-favor daughter of deceased neighbor did, with an old Will, and was named PR.

Well, the contest of that Will/PR appointment is now in it's 21st month, with 70 court docket entries, and the principals just this month all having been served. There still is no hearing scheduled.

What has been accomplished is that another Will brought forward by the deceased's brother, a Will that brother executed, has been thrown out.

The house is still standing empty, the buyer having finally bolted.

I started that thread as a public service reminder for those who may be considering handling an estate any way other than that prescribed by law.

[JLB]

We, the beneficiaries, are probably at the end of the line.

What we started a year ago, and were led to believe would be an easy thing, apparently is just the beginning of what could be a protracted, costly legal entanglement, with no guaranteed results.

It is something we asked the attorney for the Estate to do several times, and that he finally agreed to do three years ago, and then did not, without notice to us. For him at the time it would have been simple . . . 5 minutes in Court with no opposition.

Then, our present situation could be just our attorney's view of it. He is a contract attorney, not a criminal attorney, and is viewing the situation from the standpoint of enforcing a contract, not taking into consideration that the other party is a convicted felon who breached the terms of his sentence when he broke the contract.

The restituion agreement is an automatic agreement, calling for acceleration without notice, if breached. It certainly has not been automatic in reality.

But, another opinion would cost more money.

I contacted the Prosecutor, and they are out of the picture.

[JLB]

I just re-read the lengthy email (unusual for an attorney) from our attorney. I just skimmed over it before because it asked me to call him.

He doesn't even understand the facts of our situation, which means he hasn't read the stuff we gave him.

This a new attorney the Prosecutor referred to, not the Estate attorney who is familiar with it.

Still took a fee, though.

[JLB]

Now this is bugging me, knowing we have paid an attorney who doesn't understand the facts or what we wanted to do. How can we possible rely on his advice?

Should I contact the managing partner, to see if someone else in their office will review it? It is one of those HUGE downtown highrise firms.

[iconnections]

Are you still struggling with this, JLB? You poor thing. Yes, I would contact the managing partner or someone else in that firm who is willing to read the file. How else can they help you with your case?

[T. R. Oglodyte]

Originally Posted by JLB

Now this is bugging me, knowing we have paid an attorney who doesn't understand the facts or what we wanted to do. How can we possible rely on his advice?

Should I contact the managing partner, to see if someone else in their office will review it? It is one of those HUGE downtown highrise firms.

Absolutely you should. When you make the contact you should also mention that it relates to the quality of services received; that way your contact is less likely to be shunted back to the attorney with whom you don't want to work. You should also let him know that you do not intend to pay for the time spent by the junior attorney who presumably didn't read (or understand) the materials you supplied.

[grest]

Originally Posted by T. R. Oglodyte

Absolutely you should. When you make the contact you should also mention that it relates to the quality of services received; that way your contact is less likely to be shunted back to the attorney with whom you don't want to work. You should also let him know that you do not intend to pay for the time spent by the junior attorney who presumably didn't read (or understand) the materials you supplied.

I totally agree...this is past ridiculous!
Connie

[JLB]

The firm has our retainer so it would be hard to withhold payment, but I will contact the managing partner.

I sent an email to the attorney doing the work and told him that I can tell by what he said that he doesn't understand the facts or what we wanted to accomplish.

Generally, though, the sentiment with the Prosecuting attorney, this attorney, and anyone close to it, we are lucky to have received anything. I guess most convicted felons don't pay restitution if it is called for.

I believe the sentiment is that the felon was inconvenienced during the probation period and that is punishment enough.

[JLB]

Originally Posted by T. R. Oglodyte

Absolutely you should. When you make the contact you should also mention that it relates to the quality of services received; that way your contact is less likely to be shunted back to the attorney with whom you don't want to work. You should also let him know that you do not intend to pay for the time spent by the junior attorney who presumably didn't read (or understand) the materials you supplied.

I contacted the Managing Partner by email today, and got a positive reply, so the wheels are turning.

I also received a letter from the attorney handling the matter, saying he has closed the file on it, and will be returning the balance of the retainer. He said he closed it because he has not heard from the beneficiaries. Since he has heard from me a few times, what he means is as a group, with a consensus.

[JLB]

The managing partner's wife was ill today, and he was taking care of her, emailing me while doing it. Stuck up for his guy, saying how sharp he is.

I'm sure he is when he listens and understands before deciding.

I was ask to explain seven years of crap succintly. I answered saying it couldn't be done, take care of his wife, and I work on trying to figure out how to say what I want to say.

Then I did it, said what I have never been able to say, succintly, and sent it to him.

That stopped the emails, which I take to be a good sign, a sign that what I said made sense, which it does.