What is the name of your state? Pennsylvania
My stepbrother, sister and I are beneficiaries of my stepmother's estate and before she died, my stepbrother asked to be named executor of the rather sizable estate. Since he is an addict we had concerns about this particularly since he had moved into the basement of her home with his girlfriend who is a heroin addict after our father died.
When she passed in March of 2022, due to his resistance to allow us into the house to help with the inventory (our parents were collectors of antique clocks, jewelry, et cetera) we decided to hire an attorney to protect our interests.
On or around October of 2022, we received a phone call from our attorney saying that our stepbrother had been removed from being executor for co-mingling of funds and theft, when our stepbrother was removed as executor, he signed an affidavit stating that he would pay us the money that he stole from the estate, approximately $100,000.
So now we're approaching the finalizing of the estate and we have received a draft and final accounting from the estate where it itemizes all payments from the estate for taxes, real estate related closing fees, utility fees, legal fees, et cetera and there is a combined balance on hand that is remaining which, as I understand it is cash available for distribution to the beneficiaries.
The executor and the estate attorney have offered a partial distribution from the estate until the state approves the taxes paid on the estate and we've told our attorney several times that both want $20,000 and we want to know from the estate attorney:
The email churn is getting ridiculous and since we're being charged by the hour, it's very upsetting that our concerns are not being addressed after repeated requests and phone calls.
Question: At this point, the estate is set to close and I think we can sign the family settlement agreement, however due to the lack of responsiveness from our legal counsel, should we or is it advisable that we fire our attorney and at this point go it alone?
Thanks in advance.
My stepbrother, sister and I are beneficiaries of my stepmother's estate and before she died, my stepbrother asked to be named executor of the rather sizable estate. Since he is an addict we had concerns about this particularly since he had moved into the basement of her home with his girlfriend who is a heroin addict after our father died.
When she passed in March of 2022, due to his resistance to allow us into the house to help with the inventory (our parents were collectors of antique clocks, jewelry, et cetera) we decided to hire an attorney to protect our interests.
On or around October of 2022, we received a phone call from our attorney saying that our stepbrother had been removed from being executor for co-mingling of funds and theft, when our stepbrother was removed as executor, he signed an affidavit stating that he would pay us the money that he stole from the estate, approximately $100,000.
So now we're approaching the finalizing of the estate and we have received a draft and final accounting from the estate where it itemizes all payments from the estate for taxes, real estate related closing fees, utility fees, legal fees, et cetera and there is a combined balance on hand that is remaining which, as I understand it is cash available for distribution to the beneficiaries.
The executor and the estate attorney have offered a partial distribution from the estate until the state approves the taxes paid on the estate and we've told our attorney several times that both want $20,000 and we want to know from the estate attorney:
- Exactly how much is available for distribution?
- How much each beneficiary is receiving?
The email churn is getting ridiculous and since we're being charged by the hour, it's very upsetting that our concerns are not being addressed after repeated requests and phone calls.
Question: At this point, the estate is set to close and I think we can sign the family settlement agreement, however due to the lack of responsiveness from our legal counsel, should we or is it advisable that we fire our attorney and at this point go it alone?
Thanks in advance.
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