What is the name of your state? KS
Quick summary......My grandmother passed away and the estate was to be divided 4 ways. Unfortunately my mother passed before my grandmother. The will states that her share is to be divided equally among my sister, my brother and myself. 1/12 of the estate. Grandma dies when my aunt rolled her car and caused the injuries where my grandmother died some days later. My uncle filed a wrongful death suit through the estate attorney on behalf of the estate. The estate was awarded 100,000 through my aunt’s insurance policy. This is where it goes south. The original settlement agreement was to be divided equally between my uncle and the aunt not involved in the accident. We filed an objection to the petition for settlement. The estate attorney who filed the suit on behalf of the estate said he could not represent our interests. We were forced to hire an attorney on contingency. It was settled out of court and we got our portion after substantial attorney fees.
Now that the real property has been sold they are trying to scam us again. My sister’s father in law is an attorney in Texas. He told her that if they are asking for attorney’s fees for the lawsuit out of the final settlement we should ask for ours. I filed an objection to the final settlement in court. This irritated the attorney for the estate. He has finally come out and said he represents the co-executors and not us and we need to file an affidavit of fact stating we are not being represented by the father in law before he could have any contact with us. I filed a notice of pro se appearance with the courts. It is my understanding that since I am officially representing my self that he should have no problems communicating with me. The will states that approx .5 acres of the estate are for business and the remaining portion of the 1.67 acres is residential but my uncle is claiming the business portion as ½ in order to receive a larger portion of the sale of real estate. I included this in my objection of the settlement.
Is the estate attorney plying both sides of the fence? Should he have informed us sooner that he only represents the co-executors? What would I file to have the judge make a judgment on the case?
Thanks in advance
Quick summary......My grandmother passed away and the estate was to be divided 4 ways. Unfortunately my mother passed before my grandmother. The will states that her share is to be divided equally among my sister, my brother and myself. 1/12 of the estate. Grandma dies when my aunt rolled her car and caused the injuries where my grandmother died some days later. My uncle filed a wrongful death suit through the estate attorney on behalf of the estate. The estate was awarded 100,000 through my aunt’s insurance policy. This is where it goes south. The original settlement agreement was to be divided equally between my uncle and the aunt not involved in the accident. We filed an objection to the petition for settlement. The estate attorney who filed the suit on behalf of the estate said he could not represent our interests. We were forced to hire an attorney on contingency. It was settled out of court and we got our portion after substantial attorney fees.
Now that the real property has been sold they are trying to scam us again. My sister’s father in law is an attorney in Texas. He told her that if they are asking for attorney’s fees for the lawsuit out of the final settlement we should ask for ours. I filed an objection to the final settlement in court. This irritated the attorney for the estate. He has finally come out and said he represents the co-executors and not us and we need to file an affidavit of fact stating we are not being represented by the father in law before he could have any contact with us. I filed a notice of pro se appearance with the courts. It is my understanding that since I am officially representing my self that he should have no problems communicating with me. The will states that approx .5 acres of the estate are for business and the remaining portion of the 1.67 acres is residential but my uncle is claiming the business portion as ½ in order to receive a larger portion of the sale of real estate. I included this in my objection of the settlement.
Is the estate attorney plying both sides of the fence? Should he have informed us sooner that he only represents the co-executors? What would I file to have the judge make a judgment on the case?
Thanks in advance