How to Force a PR or attorney to give info?

[David S]

What is the name of your state (only U.S. law)? MS

I posted a few questions last month and took the advice and went to an attorney for help. Well they were not up on probate work well enough to help. They referred me to another attorney which helped a little but said I need further help so he referred me once more and is sure this guy can help so I will see him next week I hope.

Long story short I believe the PR has instructed the attorney not to give any information out pertaining to the will. I have emailed the attorney multiple times, my brother has been to his office and we have had no luck.
The will was put into probate 3 months ago and all we as beneficiaries have is a copy of the will. We want to know what is going on and can not get any information. One attorney suggested going and pulling the file from probate court which I will do next week, another suggested a certified letter that only asks one question, Has the PR instructed you to ignore our request for information? Inform him if the answer is no or if he does not respond that you will be contacting the office of professional responsibility with all correspondence for their help. He said that if he is doing as his client requested then it will not bother him. So is there anything that I can do to make this attorney give us information?

I have politely requested information 5 times now over the last 12 weeks.

Thank You!

 

[anteater]

I posted a few questions last month...

At that time, you listed the state as TN. This one is MS. Where is the probate?

Long story short I believe the PR has instructed the attorney not to give any information out pertaining to the will. I have emailed the attorney multiple times, my brother has been to his office and we have had no luck.

The attorney has been hired to represent the PR. Why are you contacting the attorney? Why aren't you contacting the PR?

One attorney suggested going and pulling the file from probate court which I will do next week...

Good suggestion.

another suggested a certified letter that only asks one question, Has the PR instructed you to ignore our request for information? Inform him if the answer is no or if he does not respond that you will be contacting the office of professional responsibility with all correspondence for their help.

If I received the letter and I were in a good mood, I would respond, "Contact the PR and stop bugging me." If not, I would have a good chuckle, file the letter, and forget about it.

 

[David S]

Sorry Brain Fart, I live in MS, it is filled in TN.

The PR is a habitual liar and claims he has no idea of what is going on and is not interested in contacting the attorney. He said if he has not heard anything from him by Christmas then he will try and call.
The attorneys paralegal confirmed they have meet 3 times in the last 6 weeks so I know something is going on and that he does have information.

So what can we do other than sit back and let our financial interest be handled for us with out even knowing what is going on.

The way it stands now we know nothing at all and have no possible way of getting any information at all. How can something like this be possible in our judicial system that a person or persons can not have any recourse to get information from parties that do not wish to divulge information in a probate case?

Why are there not rules spelled out in probate law that would protect our interests?

I don't want this settled early, I don't want to be a hindrance to anyone but I do want to be informed of what is happening and to feel comfortable to know that my interest are being looked after.

A sent the attorney another email a week ago, I have been as polite as could be expected and asked him about 30-2-301. Making inventory — Return — Notice to beneficiaries and asked why it did not apply to us and of course have gotten a reply.

So I will be speaking with another attorney next week that maybe could shed some light on the situation but until then do you have any other advice?

 

[anteater]

So I will be speaking with another attorney next week that maybe could shed some light on the situation but until then do you have any other advice?

Frankly, no.

The PR is appointed by and under the supervision of the court. The attorney is hired by and works for the PR. Other than what is required by law, and that is not a whole lot, the PR is not required to report estate administration activities to the beneficiaries.

Look at the TN code. Title 20 - Administration of Estates.
http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=

If the PR is not fulfilling the duties imposed by the law, the recourse is to petition the court to slap the PR upside the head.

 

[Dandy Don]

Stop pestering ANYONE for information. You will get a clearer picture of the estate after you get a copy of the will, and if the beneficiaries are notified about probate court hearings you can attend those or if you are unable to attend, eventually during the probate process will require an accounting to be furnished to the beneficiaries. They are busy managing estate affairs and do not have the time to respond to questions they are unable to answer yet.

 

[David S]

Well Don first off I am not pestering anyone and secondly you are wrong.
I spoke with a guy today that is in charge of probate for the city and got lots of information that was a big help.

First he found that the will does not require an inventory accounting so it could have gone on without any explanation at all forever.

He told me to forward a letter to him requesting an inventory as I am due that legally if I request it through the probate court 60 days after its filing. He is going to handle it personally and give them 30 days to produce the documents.

Secondly the probate attorney is required to either respond to my questions or refer me to the PR and he will instruct him of this fact.

My brother is meeting with the estate probate attorney Monday and if our questions are not answered we will be hiring the attorney that the probate supervisor person referred me to as he specialize in this area.

So bottom line is that if we don't get answers Monday we will 30 days from then.

He said in TN he is required to do certain things as PR and if he was not willing to do them he should not have accepted the responsibility.

The attorney we may have to hire said he will have to call a hearing with the judge, the PR and the probate attorney and they will have to explain their actions and that the issues with the nondisclosure of information would be settled that day. He claims as beneficiaries of the estate we do have some rights as the probate attorney is working for the estate not the PR. He said the PR has final say so on all the decisions but the beneficiaries must be notified of pertinent information in a timely manner (3 months is not a timely manner).

I do appreciate everyones input, this is a great place for information!!

THANK YOU !!

Any input you guys want to add???