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  1. #1
    bagged123 is offline Member
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    how long should the attorney take for distribution of estate?

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

    How long should it take once an estate has been through probate court for the attorney to distribute the remaining funds from the estate?

    Meaning, my mother-in-law passed away in May, her estate went to probate mid June for her checking account, so my wifes name could on the account and close it out. According to the attorney this has been taken care of, etc, and yet the attorney will not return any phone calls, emails, etc. She passed away in May, the only thing that needed probate was her checking account and were in October and still nothing.

    What is the normal length of time for something like this to take? Is this something we could have done ourselves without the use of an attorney for close to $1000 and as far as my wife, her 2 brothers and step father are concerned nothing has been done.
  2. #2
    anteater is offline Senior Member
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    (Referring back to your earlier thread...) Was this being done through the use of a small affidavit process?
  3. #3
    bagged123 is offline Member
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    we believe so, the lawyer mentioned that would be the way when we first met with him, however, we're not 100% sure because he's not getting back to us on anything so we're not 100% sure how it was done.

    Either way, how long should it actually take? No one contested anything.
  4. #4
    anteater is offline Senior Member
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    With the small estate affidavit, it should not be this long.

    If a regular probate proceeding had been opened, I could understand it. Notice has to be published. Creditors have 5 months to file claims...

    I would continue to harass the attorney. And you might visit the probate court to see what, if anything, has been filed.
    Last edited by anteater; 10-19-2011 at 02:30 PM.
  5. #5
    bagged123 is offline Member
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    OK, thanks, all of her outstanding bills were paid prior to her death, (credit cards was about it) and her medical was covered by insurance, so as for creditors, there isn't any.

    We're actually stopping over the attorney's office today after work to see what the deal is. Since her estate was so small, we were thinking 30 days at most, not almost 6 months.
  6. #6
    tranquility is offline Senior Member
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    Say you wanted to sell your house. How long would it take?

    It takes as long as it takes.

    Ask the attorney. If a client can't figure out how to motivate an attorney to respond to reasonable requests for information, I don't know what we can do to help.
  7. #7
    anteater is offline Senior Member
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    Quote Originally Posted by tranquility View Post
    Say you wanted to sell your house. How long would it take?
    From the OP's earlier thread, the only probatable asset is a checking account with about $15K.

    It is somewhat puzzling that nobody seems to know what is going on
    Last edited by anteater; 10-19-2011 at 03:21 PM.
  8. #8
    tranquility is offline Senior Member
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    How long does it take to change the name on an account?

    Well, if everyone agrees, it takes a minute or two. Turn on computer and type in new name.

    But, the more likely scenario is that the attorney goes to the bank with statute in hand. They speak to low-level-flunky and find out they won't change the account without document 1 and 2. Attorney again points out the statute. LLF shrugs and continues with the task he was doing before attorney got there.

    So, attorney gets document 1 and 2 and brings it back to the bank. LLF tells Attorney to go to submanager. Submanager says the documents need to go to the main office, trust division for legal review. Attorney sends documents to MO,TD.

    MO,TD finds the forms unacceptable and sends a letter telling attorney he needs to get the bank's form to fill out before they will review it. Attorney gets huffy and demands to speak to legal. (tee-hee) After attorney realizes he's been on the phone for an hour and gotten nowhere, he hangs up and downloads the bank's forms and mails them back.

    After careful review, bank allows the new account holder to come in and prove their identity and re-prove their right to the funds.

    Easy-peasy. Three days, tops.
  9. #9
    anteater is offline Senior Member
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    Or the attorney is one of those who thinks, "Gee, this practice of law thing would be really great if only there were no clients involved. Maybe if I ignore them, they'll go away."

    More seriously, the small estate affidavit really should not take this long. In Connecticut, if I understand it right, it isn't just a case of completing the affidavit and filing it with the court, as in many states. The court approves it. While that might take a bit longer, 5 months is an awful long time.
  10. #10
    bagged123 is offline Member
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    Quote Originally Posted by anteater View Post
    Or the attorney is one of those who thinks, "Gee, this practice of law thing would be really great if only there were no clients involved. Maybe if I ignore them, they'll go away."

    More seriously, the small estate affidavit really should not take this long. In Connecticut, if I understand it right, it isn't just a case of completing the affidavit and filing it with the court, as in many states. The court approves it. While that might take a bit longer, 5 months is an awful long time.
    @anteater, we stopped by his office yesterday afternoon for a surprise visit, the attorney said that he's still waiting for the affidavit from the probate court, which to me is a little puzzleing since it was filed in the second week of June.
  11. #11
    anteater is offline Senior Member
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    I am assuming that the surviving spouse or one of the children was, at least in name, the petitioner (affiant) submitting the affidavit. I would contact the court, preferably in person, to try to find out what is going on.

    Anything having to do with probate/estates in Connecticut has a reputation as being somewhat squirrely, but this is crazy. The affidavit procedure is meant to a fairly simple and quick means of dealing with small estates.

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