My lawyer shows no interest in my case

[wolfpost]

What is the name of your state (only U.S. law)? NY

Ok, my mother died 2 years ago. My sister, brother and I are on the deed for the house. My sister has been basically living in the house since my mothers death. About 9 months ago I asked her when she was going to settle up and give me my share of the house. I.E. buy me out. Big fight ensued and I retained a lawyer at the beginning of this year. Everyone I spoke to says this is a very simple and straight forward case.

Lawyer told me he would file with the court around the first week of February. Many phone calls later and me being unofficially switched to a different lawyer, here it is the middle of May and my case still has not been filed with the court or have my brother and sister been served. At one point I did not contact my lawyer for 6 weeks or more. When I finally did, thats when I found I was unofficially switched and the new lawyer had no idea why no one had worked on my case for those 6 weeks. needless to say I don't wait 6 weeks any more to contact them. Which is annoying them that I do. Pertinent information that I had provided the original lawyer, the owner of the firm, wasn't even in my folder. Including but not exclusive too my sisters lawyers contact information. I have been told that my sister's lawyer contacted my lawyer but the new lawyer new nothing about it.

I spoke to my sisters lawyer today. Obviously he can't tell me much but according to him my sister is trying to get buying me out done but I have heard that for 9 months now so I am not believing that. But the really annoying part of the conversation is my sisters lawyer said my lawyer actually did contact him last week and I gather all that was said was my lawyer will be filing with the court. The disappointing part is I had to tell her lawyer how much I was looking for. He had no idea from either my sister or my own lawyer. My brother and I had the house assayed about 7-8 months ago and as far as I know thats the only assessment that has been done so all the figures are based on that. My sister and my lawyer were both given copies of the assessment and the deed so it's a simple job of figuring out what 30% of the value is and thats what I want. How is it possible that her lawyer dosn't even know what I am looking for?

Any way, my question is what can I do to get my lawyer to actually show some interest in my case. Just because he told her lawyer he was filing in the courts dosn't mean he actually will do it as he has told me 4 other times that he was filing on such and such a date and it hasn't happened since February. I feel trapped with him because I am sure he will give me a hard time about giving me back the unused part of my retainer. He couldn't have used much of it as all he has done that I know of for sure is give me a copy of our agreement and a obvious form letter of what he plans to send to my brother and sister but never has done. I really can't afford to get another lawyer without getting most of my money back from the first one which I suspect will be difficult. I don't want to antagonize him for fear he will drop my case and keep the money. But it is getting harder and harder to remain civil with him. When I can actually contact him that is.

To top it all off, I keep hearing rumors from other family members that there are problems my sister is having dealing with the house. Basically things she did she shouldn't have done that are now coming back to haunt her. And last week she told my sister in law she got a foreclosure notice for unpaid school taxes but my and my brothers name our on the deed and we never got any such notice. Is she just using that as a stalling tactic or is there really a problem? I told my lawyer about this and he feigned interest but apparently did nothing about looking into it. needless to say my lawyers inactivity on my case is really starting to worry me that I will never see my share of the money.

Any suggestions?

 

[latigo]

What is the name of your state (only U.S. law)? NY

Ok, my mother died 2 years ago. My sister, brother and I are on the deed for the house. My sister has been basically living in the house since my mothers death. About 9 months ago I asked her when she was going to settle up and give me my share of the house. I.E. buy me out. Big fight ensued and I retained a lawyer at the beginning of this year. Everyone I spoke to says this is a very simple and straight forward case.

Lawyer told me he would file with the court around the first week of February. Many phone calls later and me being unofficially switched to a different lawyer, here it is the middle of May and my case still has not been filed with the court or have my brother and sister been served. At one point I did not contact my lawyer for 6 weeks or more. When I finally did, thats when I found I was unofficially switched and the new lawyer had no idea why no one had worked on my case for those 6 weeks. needless to say I don't wait 6 weeks any more to contact them. Which is annoying them that I do. Pertinent information that I had provided the original lawyer, the owner of the firm, wasn't even in my folder. Including but not exclusive too my sisters lawyers contact information. I have been told that my sister's lawyer contacted my lawyer but the new lawyer new nothing about it.

I spoke to my sisters lawyer today. Obviously he can't tell me much but according to him my sister is trying to get buying me out done but I have heard that for 9 months now so I am not believing that. But the really annoying part of the conversation is my sisters lawyer said my lawyer actually did contact him last week and I gather all that was said was my lawyer will be filing with the court. The disappointing part is I had to tell her lawyer how much I was looking for. He had no idea from either my sister or my own lawyer. My brother and I had the house assayed about 7-8 months ago and as far as I know thats the only assessment that has been done so all the figures are based on that. My sister and my lawyer were both given copies of the assessment and the deed so it's a simple job of figuring out what 30% of the value is and thats what I want. How is it possible that her lawyer dosn't even know what I am looking for?

Any way, my question is what can I do to get my lawyer to actually show some interest in my case. Just because he told her lawyer he was filing in the courts dosn't mean he actually will do it as he has told me 4 other times that he was filing on such and such a date and it hasn't happened since February. I feel trapped with him because I am sure he will give me a hard time about giving me back the unused part of my retainer. He couldn't have used much of it as all he has done that I know of for sure is give me a copy of our agreement and a obvious form letter of what he plans to send to my brother and sister but never has done. I really can't afford to get another lawyer without getting most of my money back from the first one which I suspect will be difficult. I don't want to antagonize him for fear he will drop my case and keep the money. But it is getting harder and harder to remain civil with him. When I can actually contact him that is.

To top it all off, I keep hearing rumors from other family members that there are problems my sister is having dealing with the house. Basically things she did she shouldn't have done that are now coming back to haunt her. And last week she told my sister in law she got a foreclosure notice for unpaid school taxes but my and my brothers name our on the deed and we never got any such notice. Is she just using that as a stalling tactic or is there really a problem? I told my lawyer about this and he feigned interest but apparently did nothing about looking into it. needless to say my lawyers inactivity on my case is really starting to worry me that I will never see my share of the money.

Any suggestions?

It will be presumed here that you and your two siblings inherited the home as co-tenants with each now owning an undivided 1/3 recorded interest. (Which incidentally is not defined as all three being "on the deed".)

With that in mind the only lawsuit that you could file relating to that joint ownership by which you could hope to liquidate your interest would be one for partition.

Now if you wish to foolishly proceed with the filing and prosecution of such a lawsuit, you need to be aware of the ultimate results. Which is the court ordering the house sold at a public auction. *

At which time the only bidders will be people trying to steal it. And if there is not sufficient equity it wont sell, but you will still be looking at a bill for attorney fees, appraiser fees, court costs, etc., etc., a lot of folks couldn't run and jump over.

And speaking of attorney fees, any lawyer with an ounce of sense would require a healthy retainer fee before instituting such a lawsuit. So perhaps you might wish to explain the nature and status of your financial arrangements with the lawyers.
_____________


[*]Section 915. Interlocutory judgment. The interlocutory judgment shall determine the right, share or interest of each party in the property, as far as the same has been ascertained. Where the property or any part thereof is so circumstanced that a partition thereof cannot be made without great prejudice to the owners, the interlocutory judgment, except as otherwise expressly prescribed in this article, shall direct that the property or the part so circumstanced be sold at public auction. * * * * *" New York Consolidated Laws RPA Article 9 Action for Partition of property

 

[quincy]

What is the name of your state (only U.S. law)? NY

Ok, my mother died 2 years ago. My sister, brother and I are on the deed for the house. My sister has been basically living in the house since my mothers death. About 9 months ago I asked her when she was going to settle up and give me my share of the house. I.E. buy me out. Big fight ensued and I retained a lawyer at the beginning of this year. Everyone I spoke to says this is a very simple and straight forward case.

Lawyer told me he would file with the court around the first week of February. Many phone calls later and me being unofficially switched to a different lawyer, here it is the middle of May and my case still has not been filed with the court or have my brother and sister been served. At one point I did not contact my lawyer for 6 weeks or more. When I finally did, thats when I found I was unofficially switched and the new lawyer had no idea why no one had worked on my case for those 6 weeks. needless to say I don't wait 6 weeks any more to contact them. Which is annoying them that I do. Pertinent information that I had provided the original lawyer, the owner of the firm, wasn't even in my folder. Including but not exclusive too my sisters lawyers contact information. I have been told that my sister's lawyer contacted my lawyer but the new lawyer new nothing about it.

I spoke to my sisters lawyer today. Obviously he can't tell me much but according to him my sister is trying to get buying me out done but I have heard that for 9 months now so I am not believing that. But the really annoying part of the conversation is my sisters lawyer said my lawyer actually did contact him last week and I gather all that was said was my lawyer will be filing with the court. The disappointing part is I had to tell her lawyer how much I was looking for. He had no idea from either my sister or my own lawyer. My brother and I had the house assayed about 7-8 months ago and as far as I know thats the only assessment that has been done so all the figures are based on that. My sister and my lawyer were both given copies of the assessment and the deed so it's a simple job of figuring out what 30% of the value is and thats what I want. How is it possible that her lawyer dosn't even know what I am looking for?

Any way, my question is what can I do to get my lawyer to actually show some interest in my case. Just because he told her lawyer he was filing in the courts dosn't mean he actually will do it as he has told me 4 other times that he was filing on such and such a date and it hasn't happened since February. I feel trapped with him because I am sure he will give me a hard time about giving me back the unused part of my retainer. He couldn't have used much of it as all he has done that I know of for sure is give me a copy of our agreement and a obvious form letter of what he plans to send to my brother and sister but never has done. I really can't afford to get another lawyer without getting most of my money back from the first one which I suspect will be difficult. I don't want to antagonize him for fear he will drop my case and keep the money. But it is getting harder and harder to remain civil with him. When I can actually contact him that is.

To top it all off, I keep hearing rumors from other family members that there are problems my sister is having dealing with the house. Basically things she did she shouldn't have done that are now coming back to haunt her. And last week she told my sister in law she got a foreclosure notice for unpaid school taxes but my and my brothers name our on the deed and we never got any such notice. Is she just using that as a stalling tactic or is there really a problem? I told my lawyer about this and he feigned interest but apparently did nothing about looking into it. needless to say my lawyers inactivity on my case is really starting to worry me that I will never see my share of the money.

Any suggestions?

First, I think it is smart that someone is living in the house. A vacant house is a target for vandals.

That said, your sister is apparently having difficulty paying for the house (or, at any rate, paying the taxes on the property). How have you and your brother been contributing to the upkeep of the house since your mother's death? Or have you left it to your sister to pay all costs involved with the property (utilities, lawn care, maintenance, taxes)?

I think it could be smart for you to sit down with your sister and brother and revisit any discussions you have had on the house and what to do with it. Selling the house might make the most sense, especially if your sister is not in a position to buy out the shares in the house that you and your brother hold. Selling the house certainly can make more sense than losing all equity in the house in a foreclosure action.

After getting a better understanding of the status of the house, and how you and your brother and your sister want to handle the split of this asset, then you can schedule an appointment with your attorney to sit down and talk to him about the house and your legal action and how best to accomplish your goal (and the goal of your siblings).

When you sit down with your attorney, let him know exactly what you and your siblings have discussed and decided. Have a list of questions for your attorney and limit yourself to asking these questions only (to conserve costs). Request at your meeting with your attorney a detailed accounting of what he has done to date on your behalf. Get a detailed listing of all charges made against your retainer fee. Let your attorney know you want regular detailed accountings of costs, and regular updates in your case.

Whoever told you that yours was a "very simple and straight forward case" probably has never had to split a single piece of inherited property between three different (and equal) owners.

Finally, from what you have posted, it is impossible to say if your attorney has acted unethically. It does not appear so. There is also no clear indication of attorney malpractice. You might want to have another attorney in your area review the facts to get a better idea.

 

[wolfpost]

Thanks a lot for the replies. No, the 3 of us are all actually on the deed. My sister getting 40% and my brother and I 30% each. This was done ten or more years before my mother died in order to protect her house from any attempts by facilities for old people from laying claim to it if she should have to go into one. My sister spent most weekends at the house while my mother was alive but did not and still does not officially live there. She can't. She has a rent controlled apartment in Manhattan she is trying to eventually give to my niece. If the apartment complex finds out she is at my mother's house so much she will lose the apartment. I told my lawyer all this but somehow it's not in my file nor does he show much interest in it. As far as a will goes, we were told by my mother there was one but no one seems to be able to find it. My lawyer and others( brothers financial advisers at work) have said that being on the deed takes precedence over the will any way.

My lawyer NEVER once mentioned a public auction. What he said was We would be forced to sell the house. Then he said he would be willing to handle that for us and he was sure he could get more for the house than what it was assayed for. Which my brother and I are fine with. Which clearly led us to believe it wouldn't be a public auction. Now a public auction obviously is a different matter entirely and has never once been mentioned as even remotely being an option. He also said once the partition was filed, we could stop it at any time before the actual court date. I have never been told otherwise. He said it was a process that could take several years. So plenty of time to stop it. I hope he isn't lieing.

The agreement with my lawyer was I give him a $5000 retainer. That should and would cover any expenses leading up to a trial. If it somehow went to trial, which no one thinks it will. The idea is to use the "threat" of it going to court to make my sister react properly. He said he would make other arrangements from there. Usually him getting around 30% of whats settled. Nothing has been signed so far as to him getting the 30%. My brother and I both understood that and agreed to it because my sister had no intention of giving us our share until we contacted my lawyer. So getting a little is better than getting nothing. Also, our sister really wants the house badly. And she pissed us both off to the point that we would rather lose our shares altogether than to see her get it all. Foolish, most likely but if we are not going to get our share any way, why should she profit?



I agree on someone living in the house. My family and I most likely would have moved in if my sister wasn't already in it. Originally, 20 years ago, that was the plan. For me to buy out my siblings and take over the house. Then my sister decided she didn't like that idea and wanted the house for herself. Instead of fighting her on it, I said let her buy me out instead. Which was understood. or so I thought.

Oh boy, now things get tricky. No, my brother and I have not paid into or have we been asked to pay into the upkeep of the house. My sister just does whatever she wants without consulting us. We were very lax in dealing with this and we both figured, she's living there let her pay for it. We never thought it would still be going on for 2 years now with no end in sight or any intention on her part to buy us out.

However, my brothers wife, the mother of the niece that wants my sisters apartment, is paying the rent on the apartment. Which is actually $300+ more/month than the upkeep of the house. So as far as we know, my sister is actually paying $300 less/month than she was before she unofficially moved in. And as far as we can tell, there is only owed between 5-10k on the house. We also think many of her "difficulties" with the house are just stalling tactics and excuses for not buying me out. She dosn't even have to buy my brother out at this time. Just me. I mean if my brother and I are on the deed, how is it she is the only one that got the foreclosure notice? And she never told any of this to my brother or I. We heard this from my daughter who over heard my sister talking to my brothers ex wife about it. Don't ask. LOL. It seems my daughter hears a lot of these "rumors" when they want something to get back to me.

Also, somehow she claims to have 3 insurance policies taken out on the house. And she claims that is holding things up sorting through that. We do know that she was mistakenly told to let one of the insurance policies lapse on the house and take out a new policy just in her name when my brother refused to have his name removed from it. And what happened is the bank auto paid the policy she let lapse and now she has to pay the bank back for that and the new policy she took out. The third policy even my lawyer dosn't know how that is even possible because no one has been paying it.

As I mentioned, my sister only has to buy me out. We had a big sit down months ago with us siblings and my brothers wife who is deeper in this than even my brother knows. My brother and sister despise each other so there is no possible productive dialogue between them. At this meeting, my sister would calmly talk with my sister in law. Shoot daggers at my brother whenever he spoke and hysterically, verbally attack me if I dared to even open my mouth. Kind of hard to talk with someone when all they do is scream obscenities at you and attack your manhood when you try. Believe me, I got along ok with her until this. This all started because I dared to ask her in a calm reasonable manner what were her plans for buying me out a month earlier? She just starts screaming at me now whenever I am involved in the conversation. I was more than willing to give her plenty of time to pay me off back then. Not now. It's not even about the money any more for me. Though it would be nice. It's about not letting her win. Sad isn't it?

I have no idea how to get a better understanding of whats going on with the house other than the rumors I hear. Thats why I hired a lawyer. Who is doing next to nothing in that regard. I hired him partly to talk with her or her lawyer to work out a deal. Which he has failed miserably at. She won't talk to me in a calm manner if at all. If I send her a e-mail, no matter what I say, I am threatening her. If she responds at all. Usually she just ignores anything we send her. Same for my brother.My brothers wife she will talk to but this has caused friction in their marriage because she wants the apartment for her daughter and my brother going after my sister jeopardizes that. So my brother has had to back away from the situation a bit but fully supports everything I am doing. He just can't be obvious about it because of his wife.

My sister wants the house badly. She has made the mistake of saying selling it is not an option for her. She won't sell unless forced to. So she either is pretending having troubles securing the loan to stall or she is actually having troubles. I think she is pretending myself but it dosn't really matter either way to me. But it seems as if buying me out isn't an option either. That is the leverage I have. That and her apartment. Just need my lawyer to start using it.

Thanks on what to ask my lawyer. I was debating doing just that in the near future. I am waiting to see if my brother actually gets served in the next week or so to see if he filed or not like he said he would last week. I have asked him for regular updates and so far not a one unless I call him.

I am not sure if this matters but I own the property because of the deed not an inheritance. That has never been in dispute. I have the deed and so does my lawyer. We actually owned the house while my mother was still living in it. I was told it was "simple" in the fact it's clear cut I own 30% of the house because of the deed. I was told it may be a long drawn out process but there is no doubt I actually own 30% of the house and if my sister wants it, she has to settle with me.

Thank you. I really didn't think he was acting unethically. Just not doing anything as my case was not important to him. Since I hired him, I believe I mentioned others have had similar complaints about him on the internet. The two times I spoke with my sisters lawyer, today and when I gave him my lawyers contact info a few months ago, he has been much more responsive talking to me than my own lawyer. There is something wrong with that. If I never called him after the 6 week wait, he still would have not done anything for my case. $5,000 is a lot of money to me. To give it to someone for a service and then see he is doing next to nothing towards what I paid him, may not be unethical but is sure is annoying as hell.

I will wait a week or two to see if my brother gets served and then contact my lawyer and ask him for what I am being charged and the other things you mentioned.

 

[quincy]

... the 3 of us are all actually on the deed. My sister getting 40% and my brother and I 30% each.

... My lawyer NEVER once mentioned a public auction. What he said was We would be forced to sell the house. ...

... The agreement with my lawyer was I give him a $5000 retainer. That should and would cover any expenses leading up to a trial. ... our sister really wants the house badly. ...

... No, my brother and I have not paid into or have we been asked to pay into the upkeep of the house. My sister just does whatever she wants without consulting us. We were very lax in dealing with this and we both figured, she's living there let her pay for it. We never thought it would still be going on for 2 years now with no end in sight or any intention on her part to buy us out.

... I have no idea how to get a better understanding of whats going on with the house other than the rumors I hear. Thats why I hired a lawyer. Who is doing next to nothing in that regard. I hired him partly to talk with her or her lawyer to work out a deal. Which he has failed miserably at.

... She won't sell unless forced to. So she either is pretending having troubles securing the loan to stall or she is actually having troubles.

... I am not sure if this matters but I own the property because of the deed not an inheritance. That has never been in dispute. I have the deed and so does my lawyer. We actually owned the house while my mother was still living in it. I was told it was "simple" in the fact it's clear cut I own 30% of the house because of the deed. I was told it may be a long drawn out process but there is no doubt I actually own 30% of the house and if my sister wants it, she has to settle with me.

... $5,000 is a lot of money to me. To give it to someone for a service and then see he is doing next to nothing towards what I paid him, may not be unethical but is sure is annoying as hell.

I will wait a week or two to see if my brother gets served and then contact my lawyer and ask him for what I am being charged and the other things you mentioned.

Well, this is certainly a complicated mess.

First, it is not really an attorney's job to dig into family matters to investigate rumors.

While a $5000 retainer is a lot of money, $5000 really doesn't go all that far. Every contact your attorney has with the other attorney and with you is an expense that will be deducted from the $5000. By limiting his contact with you, your attorney might intentionally be doing you a financial favor - even though one of the biggest complaints about attorneys is their lack of contact (another is cost).

When your lawyer mentioned a forced sale, you can refer back to latigo's post to see what he was talking about - although if the house is in foreclosure, that can result in a forced sale and public auction, as well. In a dispute over ownership, the court can order the house sold, with the proceeds from the sale split among the owners. But none of you stand to benefit from a public auction as you perhaps would from a private sale.

It would not be surprising if your sister is having a difficult time obtaining financing on a home jointly owned, and it is entirely possible that, without financing, she cannot buy your share of the house or your brother's share of the house. It sounds very much like your family will eventually come to the realization that the house needs to be sold. It is sad when one of you really wants to keep the house in the family but that might be the reality that your sister will have to accept.

I am not sure what to advise. I think you either need to rely on your attorney or find an attorney that meets your needs better than your current attorney has. You can dismiss an attorney at any time for pretty much any reason and the attorney is generally required to refund any part of the retainer not already spent (at least, I believe this is true in New York - I can check on this and you should also check the contract you have with your attorney to see how it is worded).

Waiting another week to mull things over seems smart. If there is a foreclosure in process, however, you may not have the luxury of waiting too long.

 

[Nellibelle]

What is the name of your state (only U.S. law)? NY

Ok, my mother died 2 years ago. My sister, brother and I are on the deed for the house. My sister has been basically living in the house since my mothers death. About 9 months ago I asked her when she was going to settle up and give me my share of the house. I.E. buy me out. Big fight ensued and I retained a lawyer at the beginning of this year. Everyone I spoke to says this is a very simple and straight forward case.

Lawyer told me he would file with the court around the first week of February. Many phone calls later and me being unofficially switched to a different lawyer, here it is the middle of May and my case still has not been filed with the court or have my brother and sister been served. At one point I did not contact my lawyer for 6 weeks or more. When I finally did, thats when I found I was unofficially switched and the new lawyer had no idea why no one had worked on my case for those 6 weeks. needless to say I don't wait 6 weeks any more to contact them. Which is annoying them that I do. Pertinent information that I had provided the original lawyer, the owner of the firm, wasn't even in my folder. Including but not exclusive too my sisters lawyers contact information. I have been told that my sister's lawyer contacted my lawyer but the new lawyer new nothing about it.

I spoke to my sisters lawyer today. Obviously he can't tell me much but according to him my sister is trying to get buying me out done but I have heard that for 9 months now so I am not believing that. But the really annoying part of the conversation is my sisters lawyer said my lawyer actually did contact him last week and I gather all that was said was my lawyer will be filing with the court. The disappointing part is I had to tell her lawyer how much I was looking for. He had no idea from either my sister or my own lawyer. My brother and I had the house assayed about 7-8 months ago and as far as I know thats the only assessment that has been done so all the figures are based on that. My sister and my lawyer were both given copies of the assessment and the deed so it's a simple job of figuring out what 30% of the value is and thats what I want. How is it possible that her lawyer dosn't even know what I am looking for?

Any way, my question is what can I do to get my lawyer to actually show some interest in my case. Just because he told her lawyer he was filing in the courts dosn't mean he actually will do it as he has told me 4 other times that he was filing on such and such a date and it hasn't happened since February. I feel trapped with him because I am sure he will give me a hard time about giving me back the unused part of my retainer. He couldn't have used much of it as all he has done that I know of for sure is give me a copy of our agreement and a obvious form letter of what he plans to send to my brother and sister but never has done. I really can't afford to get another lawyer without getting most of my money back from the first one which I suspect will be difficult. I don't want to antagonize him for fear he will drop my case and keep the money. But it is getting harder and harder to remain civil with him. When I can actually contact him that is.

To top it all off, I keep hearing rumors from other family members that there are problems my sister is having dealing with the house. Basically things she did she shouldn't have done that are now coming back to haunt her. And last week she told my sister in law she got a foreclosure notice for unpaid school taxes but my and my brothers name our on the deed and we never got any such notice. Is she just using that as a stalling tactic or is there really a problem? I told my lawyer about this and he feigned interest but apparently did nothing about looking into it. needless to say my lawyers inactivity on my case is really starting to worry me that I will never see my share of the money.

Any suggestions?

How very sad that you have to resort to getting an Attorney who will charge you quite a bit to settle a matter that should be settled between you and your siblings. I'm sure it is costing your sister a bit of change for her Attorney's services as well.

You should get together with your siblings and try to reason with each other the logic in selling the house without any Attorney involvement so you can maximize your inheritance.

 

[quincy]

How very sad that you have to resort to getting an Attorney who will charge you quite a bit to settle a matter that should be settled between you and your siblings. I'm sure it is costing your sister a bit of change for her Attorney's services as well.

You should get together with your siblings and try to reason with each other the logic in selling the house without any Attorney involvement so you can maximize your inheritance.

The house was not an inheritance. The house was deeded to the siblings while the mother was still alive and living in the house.

You also might want to read the posts again to learn why attorney involvement became necessary.

 

[wolfpost]

I can only thank everyone that has responded to this thread. I certainly wish I had discovered this site before I contacted my attorney. Though I suspect I would have had to hire one any way. I think my biggest problem with this whole process is I was not clear on what was expected from my attorney. I go back and forth on whether he is screwing me or doing the right thing. Part of the problem is the original attorney that I contacted at the firm, was the owner of the firm and I suspect more of a salesmen than an attorney. He made many grandiose promises of what he was going to do and when and has followed through on none of them. And here in lies the problem. If he had just told me up front what to expect instead of "pie in the sky "promises I would be ok with that. Then when I didn't contact them for 6 weeks, it was very clear if I never contacted them, they would never have worked on the case until I did. That shook all my confidence in them.

To be honest, from the beginning I had no problem paying the lawyer the $5000 and I never expected anything back if he did/does a good job for me. Now that I am worried about him I am interested in getting back as much as possible, if I go in that direction, so I can hire another lawyer more than anything.

Yes it is complicated but it shouldn't be. I would never have tried to screw my sister out of her share like this. Ironically, my mother the last year of her life, she was 99 and a bit senile, warned me to watch my sister because she was trying to steal the house. I took it as her just having another of her moments but apparently she wasn't.

I agree about the "rumors" and not being his job but when you here the rumors and your lawyer is dragging his heals, you get concerned.

What a mess. If I contact him I use my money up. If I don't I just sit and wait and hope he didn't forget about me again. But here is the problem. I contact him because he dosn't do what he said he would do when he said he would do it. I mean 5 times now he said he was filing with the court since Feb and as far as I know he hasn't done that yet. If he would just file already, there is no need for me to contact him again until something new happens. So him not filing when he says he will has caused me to contact him more than I should. Thus making me use more of my retainer up. That I don't think is right. He has never gave me a good reason why either. Anything from "he forgot" to waiting to hear from my sister lawyer and everything in between.

I don't think the house is in foreclosure. My lawyer claims to have checked for that back in February. It would be sad if it came to the courts forcing us to do that but my brother and I have no problem with it if that happens. There is a wild card in this equation. My brothers wife makes a lot of money and I know she wants my brothers share of the house as she bitched when my brother offered to give me his share of it a few years ago. I wouldn't be surprised if it came down to it, she bought me out so the house wouldn't be sold at auction. It would be in her interest to do that and she certainly has the money.

Yes, it could actually be she is having a hard time financing the house but I guess she should of thought of that when she decided to go on a rampage with me and screw me out of my share. All she had to do was sit down and talk rationally with me and something would have been worked out. But that window has closed. I am curious if she would agree to selling the house before the auction. She was quit adamant about it not happening but she has way more to lose than I do. This money has nothing to do with my retirement for me but her, it's where she wants to live.

Yes, my attorney has to return the unspent part of my retainer as per the contract but sadly, I just don't trust him not to pad the bill. Well officially I have never been told of a foreclosure and there is no way I can find out for sure. So I have to just pretend there isn't one. Again, it screws her far more than it does me if there is one. But to show you how much she wants the house. She still has not contacted the other two people on the deed to ask for help fixing this mess. She thinks if she asks us she is somehow giving up her rights on the house I guess.

 

[quincy]

... My brothers wife makes a lot of money and I know she wants my brothers share of the house as she bitched when my brother offered to give me his share of it a few years ago. I wouldn't be surprised if it came down to it, she bought me out so the house wouldn't be sold at auction. It would be in her interest to do that and she certainly has the money. ...

Have you thought of selling your share in the house to your brother or sister-in-law?

 

[wolfpost]

I would love to sell my share but it's not an option at this point.

Ok, just called the lawyer today and basically said I want a copy of everything he has billed me for and a copy of all the work he has "not" done. LOL. I told the receptionist that because he seems to be avoiding me as I called 3 times and got 3 different reasons why he can't come to the phone. If he keeps avoiding me, how can I tell him I want to fire him and get the paperwork and what he didn't spend of my money back? A registered letter?

 

[Zigner]

I would love to sell my share but it's not an option at this point.

Ok, just called the lawyer today and basically said I want a copy of everything he has billed me for and a copy of all the work he has "not" done. LOL. I told the receptionist that because he seems to be avoiding me as I called 3 times and got 3 different reasons why he can't come to the phone. If he keeps avoiding me, how can I tell him I want to fire him and get the paperwork and what he didn't spend of my money back? A registered letter?

You may wish to contact the state bar to file a complaint...let the attorney's office know beforehand, though. Sometimes the threat of a complaint is enough to get things moving.

 

[quincy]

I would love to sell my share but it's not an option at this point.

Ok, just called the lawyer today and basically said I want a copy of everything he has billed me for and a copy of all the work he has "not" done. LOL. I told the receptionist that because he seems to be avoiding me as I called 3 times and got 3 different reasons why he can't come to the phone. If he keeps avoiding me, how can I tell him I want to fire him and get the paperwork and what he didn't spend of my money back? A registered letter?

Are you planning to hire another attorney? If so, have this new attorney contact your current attorney to let him know you will be terminating his services. The new attorney will have the files transferred and can get for you a final accounting of costs (along with a refund of any retainer amount that may remain).

Good luck.


Edit to add:
Here is a link to your rights as a client, wolfpost, that you might find helpful as you move forward:
http://www.nycourts.gov/attorneys/clientsrights.shtml

 

[wolfpost]

Mind you, I'm not sure he is going to give me a hard time about the money. Just a suspicion by the way he has been and what I read about him on the net. Yes, I will threaten contacting the bar first Great idea.

Will I hire another lawyer. Great question. I really need most of the money back from this guy first before I do. I mean $5000 is a lot of money to me. I can easily get another 5k for the new lawyer but that would involve credit cards which I really don't want to do. And I have already been burnt once. The main reason I even wanted a lawyer was for him to just file a suit against my sister to shock her into action and if it went to court which no one thinks it will ONCE THE SUIT HAS BEEN FILED. I wonder if I might be able to research how to file the suit myself then hire the lawyer as the court date approaches? In 4 months, this lawyer has told me 5 times that he would be filing within the week and some how here we are 4 months later and nothing has been filed. With no reason for it other than he was busy or forgot. And though if he had just done what I wanted him to do(file the suit) I wouldn't complain but it has become VERY clear to me the little I wanted him to do is not worth $5000 to do. He promised me he would do this, this and this for the money when in reality all he is going to do ,if he ever does it, is check for a lean on the house and file the suit. There is a list of like ten things he told me he would be doing before he files that it is clear he has no intentions of doing. I am doing ALL the work for him. I find out things that are going on with the house and tell him and he dosn't act on it or even write down what I told him as I have to remind him what I told him each time. I told him about the foreclose letter my sister got( it might be bogus as my and my brothers names and addresses are on it but we got no such letter) and all he said was "oh, thats bad." And did nothing.

I came up with a idea though and wonder if it's feasible. The foreclosure letter bogus or not, actually did some good as it scared my sister to stop dragging her feet and she had her lawyer look into getting a loan for her. Finally. But she is having trouble because of her age it seems. She is 68. Is it feasible for my sister to pay me rent of lets say $600/month and I drop the suit? I figure she would have to pay any loan at least that but she can't get one and will have to sell the house. Why not give me the $600 she would be paying for the loan any way. I would NOT relinquish my share of the house. My sister is MUCH older than me and I will most likely out live her. She wants to give her share to my daughters when she dies. Hell, my daughters are getting my share when I die. So whats the difference?

Thanks for the link as to my rights. That will be very helpful.

 

[quincy]

... I came up with a idea though and wonder if it's feasible. The foreclosure letter bogus or not, actually did some good as it scared my sister to stop dragging her feet and she had her lawyer look into getting a loan for her. Finally. But she is having trouble because of her age it seems. She is 68. Is it feasible for my sister to pay me rent of lets say $600/month and I drop the suit? I figure she would have to pay any loan at least that but she can't get one and will have to sell the house. Why not give me the $600 she would be paying for the loan any way. I would NOT relinquish my share of the house. My sister is MUCH older than me and I will most likely out live her. She wants to give her share to my daughters when she dies. Hell, my daughters are getting my share when I die. So whats the difference? ...

I see the most logical option for all of you as being the sale of the house and the division of the proceeds to you, your brother, and your sister. This is taking out, however, the emotional attachment all of you may have to the house. It is hard to let go of the "family home."

If you are unhappy with your current attorney, I suggest you hire another one to help force the sale of the home - this if your sister cannot come up with the necessary funds to buy out you and your brother (and it appears she is struggling to find a way to do this). But if there is a chance the house will be foreclosed on, it seems smart to move quickly.

Although you could attempt to handle all of this on your own, I think it is a hard enough process that having the advice and guidance of a lawyer is helpful and worth the cost. IF the attorney you hire actually does the work that is necessary. Your current one seems to be lacking a bit in that regard.

Whatever you decide to do, wolfpost, I wish you good luck with it all.

 

[wolfpost]

Thanks everyone for all the help.

Update.

I have hired a new lawyer who required half the retainer amount of the first one($5000) and is $100/hr cheaper. My new lawyer was familiar with the old firm and and actually knew them by name. He said he has had past dealings with this firm and he is not surprised at all that I am having problems with them. He immediately contacted the old lawyer and said he was taking over the case. It took him 3 weeks and many phone calls to get the billing and all the work done from the first lawyer and I picked the check up today. As I figured, he charged me about double what I thought he should have. My biggest billing contention is he charged me $1200 for researching and drafting the Summons and complaint. My problem is with the research. Basically all it was was he took my assayers assessment I gave him and re did it to his own paperwork. Oh, and he added a extremly basic diagram of my house. How basic? Lets just say it took him about 5 minutes with a ruler and pencil to draw up. My assayer did all the research and charged 1/4 the amount. LOL. It makes me wonder how much I would have been billed if I didn't cut him off when I did. And I am sure he would have gone way over the original $5000 retainer and never have told me. Something I told him specifically not to do. I swear, though I know it's not worth it, I really feel like going after the disputed amount. I have seen others on the net complaining about over billing by this firm so it just galls me I didn't google him before I retained him.

None of this would have bothered me if he had just done his job. Looking at the bill, my new layer pointed out 3 times when he did not do something for a long period of time if at all he should of.

One, there was a 3 week waiting period after he saw if there was a lean on the house before he called me in to sign the paperwork to go ahead. The only reason he did it then was because I called him and asked him about it.

Two,There was a 8 week waiting period after I signed the paperwork before he brought it to the county clerk. He only did so after I called him again and asked him about it. I was told at this time that my case had been switched to a new lawyer and the new lawyer knew nothing at all about my case or why it hadn't been worked on.

Three, after he brought it to the clerk on April 21'st, the next step was for him to serve my sister with the papers. Here we are 2 months and 1 day later and he still has not served my sister. And he has stopped answering my phone calls.

My new lawyer, once he got the paperwork today, has already sent the summons out to be served.

The whole reason I am sure that my house issue has not been resolved is because my sister's lawyer I am sure told her not to do anything until she was served. Why should she? This fool of a first lawyer has cost me at least 3 months of delay for no apparent reason other than laziness.

Any way, just needed to get that all out. Thank u all again for all your advice. This has certainly been an expensive learning experience that had the potential to be even worse.