Unresponsive estate executor/attorney

[Bill Isherwood]

undefinedWashington State residentWhat is the name of your state?
My mother died (in Maine) in October 2003, with her separate will and trust arrangement. My father died (in NY) in December 2004, with his own parallel will and trust. My sister (living in NY) and I, along with my parents; estate attorney are co-executors. The wills both leave everything to my sister, her family, me, and my family. My sister and I are in total agreement on issues, and the will is quite clear. The attorney moved to Florida shortly after my mother died, and I communicate with him by e-mail, as I live most of the year in Beijing. (It’s not easy to call from China to a place with a 12 hr time difference and get through.) Although he has sent me occasional e-mail requests for information, he continually fails to answer, or only partially answers, my clear questions to him. About a month ago he said that all that was necessary to complete the distribution from my mother’s estate was signing the distribution authorization letter. Since this requires the signature of 2 executors, we agreed he would send a copy to my sister for signature and send me an electronic version so I could discuss it with her (he would be the second signatory). Despite follow up e-mails neither my sister nor I have heard from him since.
Isn’t this a bit long for action on my mother’s will? (Now 18 months.) The assets are neatly contained in one brokerage account. There were no complicating issues.
Is it possible (or practical) to fire this attorney and find a more responsive attorney, perhaps even my sister’s estate attorney? His unresponsiveness is very frustrating. Or is there some other way to put pressure on him to perform?

 

[Dandy Don]

Have you asked him in an e-mail or telephone call what the reason for his lack of responsiveness is? Is it fair for you to expect him to make regular phone calls to you in China when the international long distance rate might be more for those phone calls?

Seems like he is deliberately dragging this out longer than it needs to be unless there is some other explanation (New York has thousands of probate cases to process-could that also be another reason for delay?).

What is the value of the brokerage account and how is the account titled?
What type of fee agreement did you sign with him--is he getting an executor's compensation or is there a different fee arrangement?

Instead of firing him without knowing the details of what has occurred, you may want to consider hiring another attorney in the same city or county where the estate is being probated and where the estate attorney lives, to double-check the probate file to see what has already occurred to verify whether things are in order. Is it possible he could be stealing from the estate? Unless he is extraordinarily busy, it's odd that he won't maintain contact with you and keep you informed about the status of your case.

You may want to consider asking your new attorney whether you should ask the court to require this executor to post an executor's bond to protect the financial interest of the beneficiaries in the event that theft/misappropriation has occurred.

DANDY DON IN OKLAHOMA ([email protected])

 

[Bill Isherwood]

Unresponsive estate executor/attourney

Thanks Dandy Don,
I have indeed asked the attorney why the delay, by e-mail -- with no response. I do not expect him to call me in China, as e-mail works so well and he has shown willingness to correspond that way in the past. (The Trust containing the assets of our mother's estate is in the order of $500,000. I don't recall the exact name on the trust, but essentially her name family trust.) My current approach is to ask my sister in NY to call him and find out what is happening. If that call does not provide satifactory answers, I will take your advise and hire another attorney to follow up. As our mother died in Maine, I presume I should hire a Maine attorney for that purpose? Or would it be better to use my sister's attorney in NY, with whom she has an established relationship? (Her attorney would also be able to follow through with our father's estate, being probated in NY.)
I was not the one to sign a fee arrangement with this attorney, perhaps my sister did (or could it have been specified in the will?), so I don't know the actual details. I plan to visit my sister in June to help resolve these issues.

 

[GaAtty]

GaAtty

It is almost always possible to fire one's attorney, however, sometimes there is a cost. Frequently attorneys get a part of the proceeds for managing trusts, and you should wonder if this is happening. On the other hand, out of sight, out of mind, and maybe you are just unimportant.... With that amount of money at stake, I would be inclined to tell him good-bye. On the other hand, if your mother's will is undisputed between you and your sister, and there is only one asset, I don't understand why you need an attorney. Either presumably you or she is the executor, so all you need is your paperwork from the court showing that you (or she) is executor. Then you just show that and the death certificate to whoever holds the funds for the trust and divide it all. No big deal. If you are insecure, however, get an attorney from the state where mom died.