Is this malpractice ?

[coeus890]

Maryland

my grandmother died in 1988, and 2 attorney's were to manage the selling of the estate. The estate consisted of 1 35 acre piece of land, and 1 15 acre piece of land. They did not sell until 2003. It was never once on a public real estate listing, and the 2 other executives of the will lived and worked on the property. It was a condition of the will, that anyone using the property had to pay rent, but that was never enforced. When we were forced to go to court over the matter, the one attorney said at the hearing he was just fed up and just wanted to be done with it.

Everyone in my family suspects foul play. We suspect the lawyers did not do what they should have, and the result was a low selling price, and a loss of income due to having to wait so long to get any money from the sale.

I am not a legal expert by any means. What can I do and what should I look for in order to see if they are guilty of malpractice ?

I did request copies of paperwork concerning the estate, and they were very reluctant to give me copies.

Please help, thanks

Originally Posted by coeus890

my grandmother died in 1988, and 2 attorney's were to manage the selling of the estate....They did not sell until 2003....When we were forced to go to court over the matter, the one attorney said at the hearing he was just fed up and just wanted to be done with it....I did request copies of paperwork concerning the estate, and they were very reluctant to give me copies.

Are you saying that it took 16 years before any real estate was sold?

Why were you forced to go to court?

Why would you be entitled to the file?

Did you hire these attorneys?

[Dandy Don]

So that we can get clarification, please answer the questions you have been given in the reply.

What you have described does not necessarily consitute malpractice. Exactly what was the selling price and what do you have to compare it to to say that it was unreasonably low?

It is also unclear by what you mean when you say there was a loss of income.

Did the will specifically state that only the attorneys were to manage the sale of the property? If no time limit was given for the sale to take place, then the executors were reasonable in taking advantage of a good opportunity to live there, though you might have a case for charging them the back rent depending on the language in the will.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

Originally Posted by coeus890

...the 2 other executives of the will lived and worked on the property....

Another question: Were there FOUR executors for this will?

[coeus890]

Thanks for the replies. I will anwser each question

1.Are you saying that it took 16 years before any real estate was sold?

2.Why were you forced to go to court?

3.Why would you be entitled to the file?

4.Did you hire these attorneys?

5. Exactly what was the selling price and what do you have to compare it to to say that it was unreasonably low?

6. It is also unclear by what you mean when you say there was a loss of income.

7. Another question: Were there FOUR executors for this will?

1. Yes it took 16 years to sell the 35 acre estate.

2. According to my mother, the orphan's court said after 16 years, they wanted to see the family in court to discuss the problem with selling the property.

3. This is for my mother not myself.

4. The attorneys were hired by my grandmother , and had been working for her and my uncle for years before she died.

5. it was auctioned off for 1.5 million in 2/2003. There was a contract of sale on it that should have settled in 9/02, but the buyers did not go through with it, even though we had a signed contract. The attorneys did not sue them to force the sale or for damages. I dont have anything atm ( comps , ect ) to say it sold for less.

6. What I mean is, had this property sold in a reasonable time, say 3 years, we would have had money that would have accumulated interest for X amount of years after the sale.

7. yes, however my uncle was removed when he was sent to federal prison.

one question my family members have is...did the 2 executors of the will, my aunt and uncle, do anything intentionally to prevent the sale. Sine my uncle used the property from 1991 - present to run a horse farm, and my aunt lived there, where the attorneys doing the right thing by allowing the property to go unsold for so long ?

I thought I had seen it all....

Anyway, whoever is the CLIENT here, should go see an attorney specializing in attorney malpractice.

This is an exceptionally convoluted case.....

[coeus890]

that is what I said.

Could I gain power of attorney from my mother so that I can act on her behalf if we go and see an attorney ? She is old and not up for it.

By the way, thanks again for the advice.

Originally Posted by coeus890

Could I gain power of attorney from my mother so that I can act on her behalf if we go and see an attorney ?

With the amount of money involved here, you need to get to a comptent attorney 18 years ago if not sooner.

BTW, would you mind updating me on this forum?

This incredible situation sounds like one of those law school questions I suffered through!

[coeus890]

I'd be more than happy to, thanks again.

[coeus890]

I put a call into Whiteford Taylor and Preston.

At this point, it certainly does seem suspicous and odd at the very least doesnt it ?

[coeus890]

I spoke to a lawyer at WTP. He seems interested in the case, however he wants 350/hour and a retainer to begin work. I cant do that so I will have to find someone that will do it on a contingentcy basis.

Also, he mentioned there is a strong possibility, that the lawyers would breing in my Uncle and Aunt , into the suit, or just sue them if I sue the pawyers, since they were executors. I have to think about that. I have not read the will in years, but I think the lawyers had final say over everything, so that might not be an issue.

[Dandy Don]

You need to interview with more than one attorney so you can compare fee rates and get a better deal than $350 an hour.