Probate lasting forever

[ibcarolek]

What is the name of your state?What is the name of your state? California.

My husband's parents both passed suddenly 3 years ago. They left no will and the estate was barely solvant after selling the house. We hired an attorney at the time, but the estate is still in probate - even though no one is fighting - and I think the creditors have even given up. After the first year we finally got permission to pay off the loan we took out for funeral expenses. Other than that, no creditors have been paid. When we call the attorney, he promises to call us, send us forms, etc - but dates come and go with excuses galore including sickness, death, house fires and divorces in his family. We just spoke to him last week and "I'll mail forms for you to sign next week". If nothing happens (like in the past), is there anything we can do to get this guy to move?? Is it normal for simple probate to take years, and years? or is it taking so long because the attorney's a loser? If he's a loser, can we petition the court to settle this issue without him? We are 400 miles away - so other than writing the court, appearing isn't an easy option. Thank you for any/all advice.

 

[Dandy Don]

What is the value of the estate?

Unless there is a complicated aspect to the estate which he has not yet explained, there is no excuse for the stalling tactics/delay except so that he can perhaps continue to bill for his services. Has he been paid anything for his services yet and did you sign a fee agreement with him?

If you don't know the value of the estate, you need to get some idea of what it is and you need to get an explanation from him for the delay or fire him and replace him with someone else.

 

[seniorjudge]

What is the name of your state?What is the name of your state? California.

My husband's parents both passed suddenly 3 years ago. They left no will and the estate was barely solvant after selling the house. We hired an attorney at the time, but the estate is still in probate - even though no one is fighting - and I think the creditors have even given up. After the first year we finally got permission to pay off the loan we took out for funeral expenses. Other than that, no creditors have been paid. When we call the attorney, he promises to call us, send us forms, etc - but dates come and go with excuses galore including sickness, death, house fires and divorces in his family. We just spoke to him last week and "I'll mail forms for you to sign next week". If nothing happens (like in the past), is there anything we can do to get this guy to move?? Is it normal for simple probate to take years, and years? or is it taking so long because the attorney's a loser? If he's a loser, can we petition the court to settle this issue without him? We are 400 miles away - so other than writing the court, appearing isn't an easy option. Thank you for any/all advice.

The state bar ethics folks in CA would like to hear from you:

http://members.calbar.ca.gov/search/member.aspx