What can I do if an attorney is taking too long to close the estate?
Question Details:My mom dies intestate 4/08. I hired an attorney I am familiar with to handle it. This estate is taking an unusual amount of time for distribution. The probate court informed me the attorney can do his accounting anytime. What does that mean? My attorney and/or paralegal won't return my calls or emails even though they are not excessive. The estate is small and non-taxable. The attorney was hired 5/08 , it's been over 18 months.
I am sorry for your loss an trouble. You have the right to fire an attorney at any time and hire someone else. You also have the right to review the file maintained by the attorney and the Court. In fact, the file in the court is public record. Are you the personal representative of the estate? Then you have great power to act.
An accounting is usually a proceeding to advise the court of the assets, debts and how everyhing is to be distibuted after debts were paid. It can be the last formal step to closing an estate.
If your attorney is not responding to you then you should consider finding another. You should send a letter to your attorney advising same. You should also go down to the Court if you are the fiduciary and speak with the Court attorney about the situation. Good luck.
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