Attorney said one thing but it didn't pan out

[debodun]

What is the name of your state (only U.S. law)? NY
I am in the midst of attempting to settle a relative's estate. This has dragged on since last September. I have a buyer for the house, but the property has a debt judgment on it. The estate's attorney is aware of this, but hasn't been very forthcoming in keeping me informed of his progress on trying to get the judgment settled. The buyer is getting restless and wants to close. The last I heard from the attorney was almost 4 weeks ago when he indicated by an email message that everything was "all set" and was in the process of scheduling the closing. I waited 3 weeks and heard nothing and then sent him an inquiry as to the status of the closing. I haven't heard anything back. What could be going on with this attorney?

 

[You Are Guilty]

I think you know no one could answer that but your attorney. If emails don't work, try phone calls. Written letters are also always good (be sure to keep copies in case you need proof later).

Feel free to sprinkle in a reference to this provision of the Rules of Professional Conduct:
http://www.nycourts.gov/rules/jointappellate/NY Rules of Prof Conduct_09.pdf

A lawyer shall: . . . [highlight]promptly[/highlight] comply with a client's reasonable requests for information.

{emphasis added}

"Promptly" is not specifically defined, but it's a rare case where 3-4 weeks would be acceptable.

 

[HomeGuru]

OP, what is your status with respect to the estate? It appears you have no attorney and the attorney that you are dealing with is the attorney for the estate.

 

[debodun]

I am the administrator of an intestate estate. The last communication I had with the estate attorney, who is NOT MY attorney, was yesterday when he informed me that he was unsuccessful in attempting to contact the buyer's attorney because that attorney was "on vacation". I called the buyer's attorney's office this AM and was informed that the attorney was NOT on vacation. Someone is not being truthful, it seems. I then called the estate attorney's office and told him that the buyer's attorney was in the office and I wanted him to call and tell him that I wanted a closing date set or have the buyer call off the deal. When the estate attorney heard that I had gone behind his back and had ascertained the buyer's attorney was not on vacation, he became defensive and said that I shouldn't contact the buyer's attorney and that I was in no position to make demands - he was calling the shots, so to speak. The closing was suppose to have been back in January. Why is he stringing this thing out so long? Something seems fishy here.