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Is six months normal for an attorney to file probate

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rustyjoe

Junior Member
What is the name of your state? Florida

My son passed away in June of 2006. He left no will. He was single and had no siblings. His mother and I am his only survivors. I hired an attorney and paid her on August 4, 2006 to handle the probate of his estate. She assured me the whole process would take no longer than two to six months at the worst case scenario. In Florida it is considered a small estate. He left a home with a remortgage that became effective three days before his death and nothing else of value. I have been making payments on the home in an effort not to lose it. The mortgage is through a company that is charging a 13% interest rate. I told her several times that the mortgage payment was not easy for me to make. I have got nothing but the run around averytime I contact my attorney and excuses of more papers I have to sign. On tow ocassions I know I have signed the same document twice. I have never been contacted by her. I have always been very professional in my dealings with her.
On the 1st of February I went to her office and again got the runaround. On that day I told her I would like to know exactly when she filed the probate process with the court. I did not get an answer just the run around. I emailed her on the 4th of February and told her I would personally go to the court house on the 8th of Feb as I had other business downtown. I stated that I was aware that all probate actions filed were logged in and date stamped as I had called the court house. I got an email from her, no phone call, on the 6th of February telling me she had filed it on the 5th of February 2007. She had all of the information, all paperwork in order for six months and several days before she ever filed it with the Probate Court. This cost me over $ six figures in mortgage payments that I have had to scrape up each month. I feel as though she has possibly cost me a lot of unnesessary mortgage payments. I could have refinanced the home at 6-1/2% and had it sold. I feel if I had not told her I was going to check myself she would have never filed.
Is this typical? I am just having a hard time holding my tounge
Thanks for any input,
Rusty:confused:
 


BelizeBreeze

Senior Member
Did you get a copy of the probate file when you were at the courthouse? If not, go get a copy and have another attorney look it over. Give this second attorney the story. While it may cost you a few dollars to get a second opinion, it sounds like the first attorney has not acted in good faith. but again, you need a disinterested third-party to review the case.
 

rustyjoe

Junior Member
Thank you Belize. I guess I should go down and get a copy this coming Tuesday. I can't believe I am going to have to pay another attorney to police one I have already paid in full. I suppose I will now have to start the whole process over with a new attorney. Gee, six more months of house payments on a house I am not even sure I will ever get. This is crazy.:eek:
Thank You for yor response,
Rusty
 
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moburkes

Senior Member
Did you really mean to say that over the past 6 months, it has cost you over $100,000 to make his mortgage payments?

Sorry about the loss of your son. I can't even imagine...
 

rustyjoe

Junior Member
Thank you Moburkes. That is another reason I am so upset. I would just like this to end and get some closure. Ooops' no I meant $10,000.00
Rusty
 

cp1957

Member
Sorry for the loss of your son. I am going through probate in California and it has been 11 months. Closure would be a good thing, this is a living nightmare. I hope you find closure soon!
 

seniorjudge

Senior Member
Did you get a copy of the probate file when you were at the courthouse? If not, go get a copy and have another attorney look it over. Give this second attorney the story. While it may cost you a few dollars to get a second opinion, it sounds like the first attorney has not acted in good faith. but again, you need a disinterested third-party to review the case.
If half the stuff in the post is true, then poster should file a complaint with the state bar at the least. Maybe even a malpractice lawsuit.
 

rustyjoe

Junior Member
Seniorjudge is it 100 % true. I have absolutely no reason to change any of the facts. I am totally in the dark when it comes to the law. That is the reason I came here and read some of the post. I realized I wasn't the only one that needed some direction dealing with attorneys. I didn't put this in my original post but here is another excuse she came up with on one of my unannouced office visits.
The day I hired her, and paid her, she quoted one of the figures in the bill , $255.00 as court filing fees. On one of my visits she said she had been in an argument with a clerk at the courthouse over the filing fee. She said the clerk told her it was $255.00 and she said that was wrong as she had never paid over $50.00 and she wouldn't file until the clerk agreed with her about the $50.00. I suppose she forgot that I had a receipt from her showing the $255.00 filing fee as a seperate entry.
I reallly don't know what to do because I don't want to make house payments for another six months if I get another attorney and start over. I would just like her to be accountable for what she was hired and paid to do.
Rusty
:confused:
 

Dandy Don

Senior Member
What was your son's estate worth? Were you expecting monies from your share of probate to make these payments? Are you going to continue making payments or is the house going to be sold? Was there enough money in your son's for the estate to make the payments? If you expect to buy the home or take over your son's mortgage payments, you need to be discussing this with the mortgage company so that you can refinance and have all documents put into your name.

You should have gotten your own legal advice about this when probate first started but I do understand that it is a new process to you.

DANDY DON IN OKLAHOMA ([email protected])
 

BelizeBreeze

Senior Member
If half the stuff in the post is true, then poster should file a complaint with the state bar at the least. Maybe even a malpractice lawsuit.
No argument, but until a review of all files and processes, no one can determine what, if any options whould be exercised.
 

rustyjoe

Junior Member
The home belonged to my parents and was willed to my son upon thier death. There is no money in his estate. Their was a $21,000 mtg on the home and my son was to make payments on it through a direct deposit from one of my dads life insurance policies. He failed to do this he took a cash payoff, and I had no knowledge of it. His girlfriend (used to work for the mtg co) got a $70,000.00 mtg on the home which became effective three days before his death. At this point I found out what a no doc mtg is. The mtg. is at 13% and is unassumable. The mortgage co.will not communicate with me. My sons girlfriend told me this is how they make money. They make small loans to people with problems on homes they can sell fast at a profit when they default on the loan.
I found out this is one of the companies that prey on persons with mental or physical problems whos homes are going into foreclosure. The home is worth about $200k on todays market and is is a desirable location. The mortgage co. wants this piece of property.
No my son had no money and had spent a huge amount of money (insurance policies) after my father passed away. I am making the payments to keep from losing it. We may decide to keep it as our retirement home.
Rusty
 

rustyjoe

Junior Member
More troubles

Well after a while )10-1/2 months of not hearing anything from my Lawyer I got legal advice from another attorney. My original lawyer found out and this is the outcome. She (through email) withdrew from my case as she said I would not follow her directions, wrong their never were any. Next she calls me a drunk and that she said is the reason it took her a year to get my son's home into probate. The called me a drunk in an email to me and further more said she smelt alcohol on my breath, this is untrue. I do not drink. I do know I am not the only case she has withdrew from as I have gotten a letter about a divorce case she is or was representing.
I do believe my lawyer has some problems and I have been the one to suffer from it. I am not allowed to finish the probate without professional council. Now I am out all of the house payments I was able to make, the Mortgage Co. says they are going to foreclose on me and I can not afford another lawyer at this time. Do I have any options here.
Very Desperate for any input or help. If I haven't been clear enough please email or ask me and I will try to answer to the best of my knowledge
Rusty
 

bp exec

Junior Member
Rusty -
you need competent legal counsel NOW - find a malpractice atty immediately, bring documentation of everything you've stated, and all your costs (including the mortagage costs).

Find a malpractice specialist - from what I'm seeing your "atty" acted with GROSS negligence, lack of due diligence, and possibly fraud (took your $ and did nothing...), and could be found liable for all the expenses you incurred because of her failures. Make calls until you find a malpractice atty - they are out there, and may be able to help you at least get back some of what you've lost because of this incompetent loser.

From the sound of it, she may already have some other people she's screwed too - try to band together, and once you've gotten judgements, get her disbarred...

It's a shame that some people will take advantage of others in tough straits. There are GOOD attorneys out there, you need to search until you find one - keep looking until you do! Best of luck!
 

You Are Guilty

Senior Member
In the meantime, contact the Florida Bar ACAP program:
http://www.floridabar.org/tfb/flabarwe.nsf
click "lawyer regulation", "lawyer conduct" and "Attorney Consumer Assistance Program". Read pamphlet and file complaint.

You'll still be best served by speaking to another lawyer, but this is a free way to get some pressure put on your prior attorney.

Best of luck.
 
Sorry on the loss of your son.

I had problems with my atty. also. My mom passed away last August. I went to see the Atty. 2 weeks after she passed away to start probate proceedings since I am responsible to pay the maintenance fees on her co-op. After many unanswered phone calls to him, I finally spoke to him in October to ask how the proceedings were going. He apologized to me and told me he hasnt even filed the papers yet. That was a hint, I should have known better to switch lawyers t hen. Finally in November I got the paperwork that he finally filed the papers with court. Through the months I kept calling him to see what was happening since its costing me $700 a month on her maintenance fees and he never returned my calls. Whenever I did get to speak to him he told me he went to court and now they need this and now they need that. Its like he didnt know what he was doing. He had to file and refile papers. (He's a realestate lawyer, not a will lawyer and maybe I should have dealt with someone that knows more about wills). Now it is July and I finally got a letter last week the estate is out of probate and I am officially the Executor.. I can finally put it up for sale but its still costing me $700 a month till its sold. So so far I've paid over $7,000. Since he doesnt return phone calls and seems to be dragging his feet on everything I am going to change lawyers when I get a buyer for the apartment. If I were you, I would switch lawyers now.
 

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