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countrygirl1971

Junior Member
What is the name of your state (only U.S. law)? Maryland and Kentucky - Probate and Estate are located in Maryland. Divorce decree and surviving children are in Kentucky's jurisdiction.

The father of my children, 1 adult (disabled) and 1 minor, passed away in May from a massive heart attack. He was 47 years old and a resident of Maryland. According to our divorce decree from 2005, he was required to maintain a life insurance policy. This policy was cancelled on 3/2014, therefore null and void at the time of his passing. Other things were also ordered, such as division of his 401k and pension. A QDRO was written in our divorce for the pension account, but not the 401K.

After his passing, I consulted with a few attorneys regarding the order from my decree. It was advised that I put a claim in against his estate, essentially making myself a creditor. I was told that his estate could be held liable for "contempt" since he failed to maintain the order. Even if that claim failed to produce, my children would also have a claim under intestate succession.

It took me 2 months to come up with the retainer requested by an attorney to go forward with the claim against the estate. I paid the fees 4 months ago. In addition, she was going to have a QDRO completed regarding the division of the 401K proceeds. I was able to make the claim for the pension account using the QDRO already in our decree.

I have contacted this Attorney several times, even visiting her office and speaking with her on 3 occasions. I was told, it was being worked on. The attorney had a personal situation occur and she lost her child due to spinal bifida mid-November (It's a small town, it was a heartbreaking situation) When I learned of this, I contacted her office. Her secretary/assistant confirmed that she was out, but would be returning the following week. I went over my concerns with her assistant, told her that I hadn't heard anything (understanding, not fussing) but did express concerns that the 180 day mark was approaching that a claim would have to be filed. She assured me that it would be taken care of.

Again, I hadn't heard any update. I sent an email last week asking for an update and reiterating the 180 mark. I did not receive a response. I went to the office this morning, again seeing the assistant. I asked the status. Again, I was told it "was being worked on" I asked if anything had been filed, she stated that she was not aware and that she still did not have the verbiage needed for the QDRO (company is Canada based) I told her that I wasn't as concerned about the QDRO as I was about the filing of the estate claim. She told me that they were being worked on together, but she wasn't aware that anything had been filed. I just counted, we are now past the 180 mark. The attorney is in court, but the assistant said she would have her contact me today.

My question is, by all indications from this assistant nothing has been filed against his estate. My understanding that Maryland only allows claims to be made within the 180 time frame. If this attorney dropped the ball & didn't file a claim, where would that leave me?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Maryland and Kentucky - Probate and Estate are located in Maryland. Divorce decree and surviving children are in Kentucky's jurisdiction.

The father of my children, 1 adult (disabled) and 1 minor, passed away in May from a massive heart attack. He was 47 years old and a resident of Maryland. According to our divorce decree from 2005, he was required to maintain a life insurance policy. This policy was cancelled on 3/2014, therefore null and void at the time of his passing. Other things were also ordered, such as division of his 401k and pension. A QDRO was written in our divorce for the pension account, but not the 401K.

After his passing, I consulted with a few attorneys regarding the order from my decree. It was advised that I put a claim in against his estate, essentially making myself a creditor. I was told that his estate could be held liable for "contempt" since he failed to maintain the order. Even if that claim failed to produce, my children would also have a claim under intestate succession.

It took me 2 months to come up with the retainer requested by an attorney to go forward with the claim against the estate. I paid the fees 4 months ago. In addition, she was going to have a QDRO completed regarding the division of the 401K proceeds. I was able to make the claim for the pension account using the QDRO already in our decree.

I have contacted this Attorney several times, even visiting her office and speaking with her on 3 occasions. I was told, it was being worked on. The attorney had a personal situation occur and she lost her child due to spinal bifida mid-November (It's a small town, it was a heartbreaking situation) When I learned of this, I contacted her office. Her secretary/assistant confirmed that she was out, but would be returning the following week. I went over my concerns with her assistant, told her that I hadn't heard anything (understanding, not fussing) but did express concerns that the 180 day mark was approaching that a claim would have to be filed. She assured me that it would be taken care of.

Again, I hadn't heard any update. I sent an email last week asking for an update and reiterating the 180 mark. I did not receive a response. I went to the office this morning, again seeing the assistant. I asked the status. Again, I was told it "was being worked on" I asked if anything had been filed, she stated that she was not aware and that she still did not have the verbiage needed for the QDRO (company is Canada based) I told her that I wasn't as concerned about the QDRO as I was about the filing of the estate claim. She told me that they were being worked on together, but she wasn't aware that anything had been filed. I just counted, we are now past the 180 mark. The attorney is in court, but the assistant said she would have her contact me today.

My question is, by all indications from this assistant nothing has been filed against his estate. My understanding that Maryland only allows claims to be made within the 180 time frame. If this attorney dropped the ball & didn't file a claim, where would that leave me?
This is not an area where I have a lot of knowledge but I believe there are two time frames that can be looked at when filing a claim against an estate. One will be the 180 days or 6 months after the decedent's death, and one is 2 months (might be shorter? might be longer?) after the personal representative for the estate mails or delivers to potential claimants notification of the decedent's death. The notification informs potential claimants (unknown heirs, creditors, whoever) that they must present their claims against the estate within 2 months (might be shorter? might be longer?) after receipt of the notification.

I do not know what your attorney has or has not done with your claim. If she failed to file in time, however, a complaint with the attorney grievance commission seems warranted.

Here is a link to the Maryland Grievance Commission with information on how to file a complaint:

http://www.courts.state.md.us/attygrievance/complaint.html

And here is information on administering an estate in Maryland, with information you might find helpful (the booklet is of 2013 vintage so there may have been some changes in the last two years):

http://registers.maryland.gov/main/publications/AdministrationBooklet2013final.pdf

You mention in your post that your attorney would be contacting you today once she got out of court. I hope she has and that she brings you word that your claim was already filed. Good luck.
 

countrygirl1971

Junior Member
This is not an area where I have a lot of knowledge but I believe there are two time frames that can be looked at when filing a claim against an estate. One will be the 180 days or 6 months after the decedent's death, and one is 2 months (might be shorter? might be longer?) after the personal representative for the estate mails or delivers to potential claimants notification of the decedent's death. The notification informs potential claimants (unknown heirs, creditors, whoever) that they must present their claims against the estate within 2 months (might be shorter? might be longer?) after receipt of the notification.

I do not know what your attorney has or has not done with your claim. If she failed to file in time, however, a complaint with the attorney grievance commission seems warranted.

Here is a link to the Maryland Grievance Commission with information on how to file a complaint:

http://www.courts.state.md.us/attygrievance/complaint.html

And here is information on administering an estate in Maryland, with information you might find helpful (the booklet is of 2013 vintage so there may have been some changes in the last two years):

http://registers.maryland.gov/main/publications/AdministrationBooklet2013final.pdf

You mention in your post that your attorney would be contacting you today once she got out of court. I hope she has and that she brings you word that your claim was already filed. Good luck.
Thank you for taking the time to respond. I really appreciate the links, as well. My attorney never contacted me today. I am just trying to gather information, since what I have been told does indicate that this is the situation. I honestly didn't know who to ask, I know that it will be difficult getting an attorney to speak against another attorney and give advice. It is not the route I want to take, I know this attorney has been through (and I am sure is still dealing with) a very rough time in her personal life. With that being said, I still have concerns on the losses that my children will suffer due to potential inaction. Their Dad's items just cannot be replaced.

With regard to probate, I don't believe anything has been done. He was remarried, had been for about 7 years. His new wife is under the impression that everything he had, is hers. I haven't indicated otherwise to her, it's not my place. However, I know with the exceptions of certain things, this is not true. As I said, even if I can't pursue my claim, his children have intestate succession law behind them.

I am going to try to call my attorney again tomorrow. Again, Thank you!!
 

countrygirl1971

Junior Member
Quincy,

Do you happen to have the link to the grievance commission in Kentucky? My attorney is in Kentucky, since they have jurisdiction over the decree. My attorney was supposed to contact an attorney in Maryland to oversee the situation from there. I'm not even sure if that's be done.
 
What is the name of your state (only U.S. law)? Maryland and Kentucky - Probate and Estate are located in Maryland. Divorce decree and surviving children are in Kentucky's jurisdiction.

The father of my children, 1 adult (disabled) and 1 minor, passed away in May from a massive heart attack. He was 47 years old and a resident of Maryland. According to our divorce decree from 2005, he was required to maintain a life insurance policy. This policy was cancelled on 3/2014, therefore null and void at the time of his passing. Other things were also ordered, such as division of his 401k and pension. A QDRO was written in our divorce for the pension account, but not the 401K.

After his passing, I consulted with a few attorneys regarding the order from my decree. It was advised that I put a claim in against his estate, essentially making myself a creditor. I was told that his estate could be held liable for "contempt" since he failed to maintain the order. Even if that claim failed to produce, my children would also have a claim under intestate succession.

It took me 2 months to come up with the retainer requested by an attorney to go forward with the claim against the estate. I paid the fees 4 months ago. In addition, she was going to have a QDRO completed regarding the division of the 401K proceeds. I was able to make the claim for the pension account using the QDRO already in our decree.

I have contacted this Attorney several times, even visiting her office and speaking with her on 3 occasions. I was told, it was being worked on. The attorney had a personal situation occur and she lost her child due to spinal bifida mid-November (It's a small town, it was a heartbreaking situation) When I learned of this, I contacted her office. Her secretary/assistant confirmed that she was out, but would be returning the following week. I went over my concerns with her assistant, told her that I hadn't heard anything (understanding, not fussing) but did express concerns that the 180 day mark was approaching that a claim would have to be filed. She assured me that it would be taken care of.

Again, I hadn't heard any update. I sent an email last week asking for an update and reiterating the 180 mark. I did not receive a response. I went to the office this morning, again seeing the assistant. I asked the status. Again, I was told it "was being worked on" I asked if anything had been filed, she stated that she was not aware and that she still did not have the verbiage needed for the QDRO (company is Canada based) I told her that I wasn't as concerned about the QDRO as I was about the filing of the estate claim. She told me that they were being worked on together, but she wasn't aware that anything had been filed. I just counted, we are now past the 180 mark. The attorney is in court, but the assistant said she would have her contact me today.

My question is, by all indications from this assistant nothing has been filed against his estate. My understanding that Maryland only allows claims to be made within the 180 time frame. If this attorney dropped the ball & didn't file a claim, where would that leave me?

Looking for a new attorney?
Sorry for your loss.
 

countrygirl1971

Junior Member
Looking for a new attorney?
Sorry for your loss.
Thank you for your condolences. He was my "ex" but I still cared a great deal for him. The loss my children have suffered, is indescribable.

I don't know that I am looking for a new attorney, I'm not sure a new attorney could do anything at this point. My biggest concern is, the claim being barred due to failure to file within the timeframe allowed by law. Right now, I just don't know what to do. Hoping my attorney calls and eases my mind, I am pretty upset with worry.
 

quincy

Senior Member
Thank you for taking the time to respond. I really appreciate the links, as well. My attorney never contacted me today. I am just trying to gather information, since what I have been told does indicate that this is the situation. I honestly didn't know who to ask, I know that it will be difficult getting an attorney to speak against another attorney and give advice. It is not the route I want to take, I know this attorney has been through (and I am sure is still dealing with) a very rough time in her personal life. With that being said, I still have concerns on the losses that my children will suffer due to potential inaction. Their Dad's items just cannot be replaced.

With regard to probate, I don't believe anything has been done. He was remarried, had been for about 7 years. His new wife is under the impression that everything he had, is hers. I haven't indicated otherwise to her, it's not my place. However, I know with the exceptions of certain things, this is not true. As I said, even if I can't pursue my claim, his children have intestate succession law behind them.

I am going to try to call my attorney again tomorrow. Again, Thank you!!
I am sorry to hear that your attorney failed to contact you once again. You appear to have been very patient with her.

Generally when an attorney has something come up that requires him/her to be out of the office for an extended period of time, the attorney will have another attorney fill in so that no client is neglected during his/her absence.

There are attorneys who specialize in attorney-malpractice claims, and attorneys have a professional and ethical obligation to report other attorneys who are violating the rules of the profession, but, again, I cannot tell what your attorney has or has not done on your behalf so I cannot tell if your attorney is in violation. I think you could probably find another attorney in your area to look over the matter for you - although, by filing a complaint with the attorney grievance commission, a similar investigation into the attorney's actions (or lack thereof) will be done. This is a decision that you will need to make.

Because I know very little about probate law, questions about probate, wills and estates can be better addressed in the probate or estate section of the forum. I am not sure the forum experts who post to that area of the forum wander up to the legal ethics section very often. But I will see if I can flag a few of them down to have them check out your concerns here.


I just saw your latest post. Here is a link to the Kentucky Bar Association on filing a complaint with their Grievance Commission:
https://www.kybar.org/?page=attdis
 
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countrygirl1971

Junior Member
I am sorry to hear that your attorney failed to contact you once again. You appear to have been very patient with her.

Generally when an attorney has something come up that requires him/her to be out of the office for an extended period of time, the attorney will have another attorney fill in so that no client is neglected during his/her absence.

There are attorneys who specialize in attorney-malpractice claims, and attorneys have a professional and ethical obligation to report other attorneys who are violating the rules of the profession, but, again, I cannot tell what your attorney has or has not done on your behalf so I cannot tell if your attorney is in violation. I think you could probably find another attorney in your area to look over the matter for you - although, by filing a complaint with the attorney grievance commission, a similar investigation into the attorney's actions (or lack thereof) will be done. This is a decision that you will need to make.

Because I know very little about probate law, questions about probate, wills and estates can be better addressed in the probate or estate section of the forum. I am not sure the forum experts who post to that area of the forum wander up to the legal ethics section very often. But I will see if I can flag a few of them down to have them check out your concerns here.


I just saw your latest post. Here is a link to the Kentucky Bar Association on filing a complaint with their Grievance Commission: https://www.kybar.org/?page=attdis
That's what I am trying to figure out, what options that I have if this proves to be the situation. I'm on a fact finding mission, if you will. I have an analytical personality and tend to try to research things (or have an idea, at least) before I get into a situation. Her not calling me back today, only added to my concerns. My mentality, if she had done what she should have then she would have been on the phone to me (or sending an email) at the first opportunity. Tomorrow is another day though, I think I will drive the 30 minutes to her office instead of calling.

Thank you very much for the help you have already provided. Any additional help, with sending others my way, would be MOST appreciated.
 

latigo

Senior Member
This is not an area where I have a lot of knowledge but I believe there are two time frames that can be looked at when filing a claim against an estate. One will be the 180 days or 6 months after the decedent's death, and one is 2 months (might be shorter? might be longer?) after the personal representative for the estate mails or delivers to potential claimants notification of the decedent's death. The notification informs potential claimants (unknown heirs, creditors, whoever) that they must present their claims against the estate within 2 months (might be shorter? might be longer?) after receipt of the notification.

I do not know what your attorney has or has not done with your claim. If she failed to file in time, however, a complaint with the attorney grievance commission seems warranted.

Here is a link to the Maryland Grievance Commission with information on how to file a complaint:

http://www.courts.state.md.us/attygrievance/complaint.html

And here is information on administering an estate in Maryland, with information you might find helpful (the booklet is of 2013 vintage so there may have been some changes in the last two years):

http://registers.maryland.gov/main/publications/AdministrationBooklet2013final.pdf

You mention in your post that your attorney would be contacting you today once she got out of court. I hope she has and that she brings you word that your claim was already filed. Good luck.
Curious as to why you believe that a creditor/debtor relationship even exists here. Why can't she simply assert her decreed rights to and against the pension and 401K? She has vested rights in those funds and the are not under the control of the estate.

It seems to me that her attorney's decision that she be treated as a creditor is the wrong colored thread in the tapestry and you are continuing to admire it.

She is in need of competent legal counsel and she doesn't have it! "Hold the estate in contempt." What a joke!
 

countrygirl1971

Junior Member
Curious as to why you believe that a creditor/debtor relationship even exists here. Why can't she simply assert her decreed rights to and against the pension and 401K? She has vested rights in those funds and the are not under the control of the estate.

It seems to me that her attorney's decision that she be treated as a creditor is the wrong colored thread in the tapestry and you are continuing to admire it.

She is in need of competent legal counsel and she doesn't have it! "Hold the estate in contempt." What a joke!
Latigo,

The 401K and pension claims have their own merit. I have filed my claim, without my attorney, for the pension account. I used the QDRO that was in our decree. I only need a QDRO to assert my claim against the 401K, which I need an attorney to prepare, since I don't have one already. They are trying to get the verbiage needed in order to complete.

The creditor/debtor situation is due to the failure to maintain the court ordered life insurance policy. He cancelled it 10 months prior to his passing. As I mentioned, even if his estate cannot be held responsible for his failure to maintain the life insurance, a claim for the children's portion still would have needed filed.
 
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quincy

Senior Member
Curious as to why you believe that a creditor/debtor relationship even exists here. Why can't she simply assert her decreed rights to and against the pension and 401K? She has vested rights in those funds and the are not under the control of the estate.

It seems to me that her attorney's decision that she be treated as a creditor is the wrong colored thread in the tapestry and you are continuing to admire it.

She is in need of competent legal counsel and she doesn't have it! "Hold the estate in contempt." What a joke!
I am not sure what you are muttering about, latigo.

I don't know that I ever said I believed a creditor/debtor relationship existed (I used the word "claimant" not "creditor"). The attorneys consulted by countrygirl apparently seem to think that sort of relationship might exist, though.

I believe that seeking out assistance from another attorney has already been advised.

I have sent private messages to those on this forum who know this area of the law better than I, countrygirl. Perhaps one of them will stop by.



(I did not realize, latigo, that I was admiring any tapestry but, now that you point out the colored threads ...... pretty).
 

countrygirl1971

Junior Member
Just an update

I spoke with the assistant this morning. Court ran late, therefore the attorney never came to the office. The assistant assured me that the attorney is on top of things and "I am covered" I am being told that an estate has still not been filed, she checked on this again yesterday, therefore the 180 day rule is not applicable. According to the assistant, No, nothing has been filed on my behalf. I questioned this, as to why.

I asked her when I could expect some type of "movement" on this, when some type of notice would be served. She just kept saying it was being worked on and I am covered. I need to trust my attorney and not harass her, this I know. I'm just really feeling uneasy, I suppose.
 

quincy

Senior Member
I spoke with the assistant this morning. Court ran late, therefore the attorney never came to the office. The assistant assured me that the attorney is on top of things and "I am covered" I am being told that an estate has still not been filed, she checked on this again yesterday, therefore the 180 day rule is not applicable. According to the assistant, No, nothing has been filed on my behalf. I questioned this, as to why.

I asked her when I could expect some type of "movement" on this, when some type of notice would be served. She just kept saying it was being worked on and I am covered. I need to trust my attorney and not harass her, this I know. I'm just really feeling uneasy, I suppose.
It is generally good to trust your attorney but, if you continue to have feelings of unease, having everything reviewed by another attorney in your area (while admittedly a hassle) can help reassure you that your own attorney is doing everything she needs to do in representing your interests.

Good luck.




(... still waiting to see if the forum members I contacted will stop by)
 

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