Attorney Sniper

What is the name of your state?What is the name of your state? Michigan. I recently gave an attorney in Michigan $1000.00 retainer to do some work for me. My Stepgrandfather passed away and he named my Mother and his blood daughter as co-executrixes on his will. There is really nothing to divide except a small amount (under $4000) in his checking account and a safe deposit box with useless documents in it. The rest will be paid out to beneficiaries via a annuity. His blood daughter decided to back out of her duties as co-executrix and left my elderly mother to handle all of the leg work. She lives in Florida (so do I) and is not in good health. Blood daughter sent papers to attorney saying she no longer would act as co-ex. At that time I asked the attorney if he could write up documents so I could act in my Mothers behalf. To make a long story short, blood daughter continued to call him and ask him stupid questions. She ran up a $500.00 attorney bill and we hadnt gotten anything done. He cut his losses and I hired another attorney using $1000.00 retainer that I put on my charge card. I told her blood daughter had signed off and I needed power to act in my Moms behalf. She said she could file the will in probate and do the work for under $1000.00. 2 weeks later I find out that blood daughter has been calling my attorney and having her do legal work regarding the will. wanting to know if stepchildren can be heirs in the state of Michigan. This is NOT what I hired this attorney for however she said blood daughter decided she would act as co-ex and the papers she signed were never forwarded from old attorney because he was never paid. I want to fire the attorney but I have no receipt or statement of the work she did so far so she could charge me what she wants. I never entered into a contract with her as this was all done over the phone. Can I dispute the charge on my credit card? She thinks blood daughter is an honest person that just wants to get this over with. We know she's deceiving and manipulative and really has no intention of paying this attorney anyway. She's upset because my Mom was named beneficiary in a small GM insurance policy. Sorry I'm long winded but you see, I hired this attorney for one thing and I have nothing to do with the will. Just wanted to help my Mom out and would've taken the retainer out of the funds from the checking account. Now I have no power but she has my money Please help! I need to get some sleep!

You all have already failed to pay one attorney and now you are trying to stiff the other one? Unbelievably unprofessional.

Has the second attorney filed the will for probate (which you could have done yourself)? Is she official executor or is that someone else? If she has advised you and the other person on probate matters and it is likely you will need her for future matters, it is best to keep her available.

Your mistake was in not finding out what executor fee in Michigan was (or wherever this estate is being probated) to find out exactly what rate she was entitled to receive from the estate for her services instead of just automatically accepting her price quote of $1,000 retainer, but it's too late for that now. If you ask her, this attorney will provide you with an invoice that details the exact work she has done for this estate. You could ask her to do a credit card refund of half the amount if she will also be getting an executor fee from the estate for the work she has done.

DANDY DON IN OKLAHOMA ([email protected])

Miscommunication

I did NOT stiff the first attorney! I never retained him in the first place. The will was drawn up by him in 1973 and he was answering questions for the other party that decided to sign off on her fiduciary duties. Once she found I retained an attorney to do the following.
1. File the will in probate
2. Send letters to the five beneficiaries stating I would be taking over my Mothers duties as co-executrix since the other person had back out of her duties.
I was NEVER told that she now again co-executrix and was calling the new attorney and having her do research on such nonsense like whether a stepchild can be an heir to an estate in the state of Michigan. I am NOT named in this will at all. I was only trying to help my mother with the paperwork. The will has only been filed at the courthouse for safekeeping and NOTHING has been done on behalf as of this date. Any monies owed to the first attorney will be paid using the retainer that I gave the second attorney. It sounds like I'm going to get screwed for doing the right thing! This retainer was not for the other party to be involved with at all! I think the second attorney should have given me a courtesy call to let me know the other party wants to continue with her duties. Had I known that a couple of weeks ago I would've asked for a statement and a return of the remainder of my retainer. The retainer can come out of the estate money...which is under $10,000.

P.s

I meant to thank you for your speedy reply but got caught up in this "headache." I aaure you the other attorney will get paid for whatever work he did on my Grand-dads estate. I just wish the other party would have let it go as planned and all parties involved would be happy!

So why hasn't anyone filed the will for probate yet? If one of the executrixes lives out of state then that would probably preclude her from serving anyway--you need to check and see what is allowable in Michigan.

Outta town

My Mom (stepchild) and blood daughter both live out of state. I was in Michigan hoping to handle all of this while I was there but blood daughter decided against signing off on her duties. Now both execs will have to be present I imagine. Will hasn't been filed but I don't know why. The new attorney told me she was waiting to send documents to my Mom and blood daughter agreeing to do short probate on estate less than $15,000 but was holding off as she was researching whether stepchildren can be heirs in the state of Michigan. Since I have more free time (I'm waiting for a liver transplant and not working) I thought it would more convenient for both parties involved if I handled the matter...plus the fact that blood daughter initially signed away her duties then reneged on her decision.
Thanks again for your speedy reply! Any input is greatly appreciated!

Is there anything in writing that states she reneged on the decision to decline being executrix?

attorney sniper

The new attorney only wrote me a letter stating "I have also contacted #$%$# regarding being a co-personal representative named in the will. She indicated she does not want to relinquish these fiduciary duties and would like to proceed with probating the estate. I don't if this attorney received this in writing or verbal communication. I do know that the paper she signed, signing away her rights as co-ex are at the original attorneys office and he did not forward them to the new attorney.