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Can I present my issues with my probate lawyer to the DA or AG?

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jubes

Junior Member
What is the name of your state? Montana

summed up, our first probate lawyer drew out the process until he went on vacation then handed it over to a second lawyer. This second lawyer new to the business and without much history of estate processing, drew out the case even longer, we signed multiple settling agreements only to have them fall through. He knowingly let my uncle on my fathers property even though we asked for a restraining order and he never recovered any of my fathers property that my uncle took and we have witness to. We ended up having to sell my fathers welding tools and shop the settlement was 10,000 each for 3 kids and the lawyer got 16,000 from the tools being sold. The lawyer office is still billing us for past dew amounts but I feel we just do not owe them a dime after they have done nothing for us.
 


Dandy Don

Senior Member
You left out some critical details:

(1) Is the attorney who is billing you now, did he ever serve as official executor of the estate? If not, who was executor?

(2) Did you sign a fee agreement with him?

(3) Was the will ever officially probated in probate court? What was the total estate worth, and is the fee based on the value of the estate?

DANDY DON IN OKLAHOMA ([email protected])
 

jubes

Junior Member
(1) Is the attorney who is billing you now, did he ever serve as official executor of the estate? If not, who was executor?

I don't believe so, an executor as far as I know was never officially assigned...the 3 children acted as such as Co-personal representatives

(2) Did you sign a fee agreement with him?
yes, we did sing and agree on a fee....so we are under contact. they made it fee based not based off of the value of the estate

(3) Was the will ever officially probated in probate court? What was the total estate worth, and is the fee based on the value of the estate?
no the will was never officaialy probated in probate court as the will mysteriously diapeared and never seen by any of the 3 children only the uncle. The estate was never given an offical value as the uncle has complete access to our fathers belongings and kept taking things, we kept asking for a restraining order but technically the property was still under the grandmas care (the guy even able to move stuff off of the property while we were at our fathers funeral. it was very upsetting) I do have copies of settlements we had agreed on and then the lawyer backed down on. As well as ridiculous bills showing that the lawyer was allowing it to be drawn out by continuoly contacting the uncles lawyer when the uncle had now claim to any of the property he had taken and the lawyer should have just taken legal action
 

Dandy Don

Senior Member
The DA or AG will not take on your case because its a personal matter between you and the attorneys. You need to be consulting with an attorney to see whether or not you have grounds to file a lawsuit against one or both of the attorneys for malpractice.
 

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