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Why delay opening estate?

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TABBY411

Member
What is the name of your state? Ohio

I may be one of those impatient people but I met with a probate lawyer the day after my Mother's death and thought I had a good relationship started and understood the amount of time probate can take but that was April23,2004 and I had the original understanding that having me appointed executor required no more than the will and a death certificate and that the estate could be opened after a rough inventory and estimate. Just 11 days ago the lawyer said he would apply and send all the beneficiaries a copy of the will and waivers of notice of probate so I let them know that would be coming and as of today, the lawyer has done nothing , mostly nothing formally at least, and my relatives are asking what the problem is. A property tax bill came today due June 21 and there are other bills like utilities and medical that I would like to pay out of the estate account but the lawyer seems to be stalling and I don't know why! How should I handle replacing him if he has the original will and a check for $1000 that belongs to the estate that I thought he may use to open the estate account. He may be busy and I have tried not to pester him but he just doesn't seem to have time to address our probate case.
Thanks.
 
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Dandy Don

Senior Member
You would not be pestering him, so please stop thinking that there is something wrong with you getting an official answer from him.

If you hired him, then you can fire him for not acting quickly enough on your behalf. First check at the courthouse to see if the will has even been filed and if he has filed to be executor--if he has not, then unless he can provide a good explanation, then his actions are irresponsible. Have you already paid his fee?

What is the total value of this estate? Is it possible he might be stalling because his executor fee might not be large enough? Get an appointment to visit his office and ask him to give you the will so that you can file it yourself (or so that you can hire another probate attorney to do it). If he won't give it to you, hire another probate attorney to open up this estate ( or you can file yourself to be administrator) and then ask the court/judge to order this other attorney to produce the original will.

Stand up for yourself and don't let him give you the brushoff anymore--there is no excuse for his not explaining why nothing has been done yet on these matters that need to be taken care of!!
 

TABBY411

Member
Thanks Don. I am the executor named in the will but the lawyer has not filed anything yet and that is why I am bothered. I was expecting to have the letter of authority in my hands by now and the estate account opened and he led me to believe this would have occurred by now. I have only given him a check that would cover initial court costs and a fee for the house appraisal which was the only thing done in a timely fashion and an easy $250 for one half hour of the appraiser's time. I am going to give him two more weeks to have the letter of authority in my hands and the estate account opened. The total of the estate is under $200,000 but I will get executor fees if I feel it is deserved and the lawyer is supposed to get $150/ hour but he has already caused more hours than necessary to be accumulated by his slow progress. I realize probate takes awhile to conclude but it is these initial filings ,or lack thereof, that has me ready to attain another lawyer even though it may cost a few extra bucks in the long run.
 
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