Probate Court

[signnet]

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

My husband has been in Probate Court for 6 years for his Mother's estate. We have since used the equity in our home and many other things including malpractice of an inept attorney have occurred.

My question, we used the equity in our home for attorney fees of which both my husband and I are on that mortgage. I want to represent myself Pro Se and file a claim. Is that just a one page document called Statment of Claim or do I need to file an appearance first?

 

[Farfalla]

some questions here....

Who is the executor of the estate?

Are there enough assets in the estate to cover the attorney fees?

is there a clear record showing that your home equity was used to pay attorney bills?

 

[Dandy Don]

Your chances of losing this lawsuit increase tremendously if you chose to represent yourself. Ignorance of the law is nothing to fool around with. What is the value of this estate? Please give some type of reason as to why probate is taking so long.

Its understandable that you have been hurt by an unscrupulous, incompetent attorney. Your next step is to have a consultation with about 5-6 different probate attorneys to get an honest evaluation of how you should proceed.

Depending on how seriously you have been damaged you may be able to file a lawsuit later to recover damages from the first attorney, but that can be done after probate is over.

DANDY DON IN OKLAHOMA ([email protected])

 

[signnet]

Your answers are:


Who is the executor of the estate? My husband and then I am if He cannot continue.

Are there enough assets in the estate to cover the attorney fees? Yes

is there a clear record showing that your home equity was used to pay attorney bills? Yes and the attorney it went to

 

[Farfalla]

Your answers are:


Who is the executor of the estate? My husband and then I am if He cannot continue.

Are there enough assets in the estate to cover the attorney fees? Yes

is there a clear record showing that your home equity was used to pay attorney bills? Yes and the attorney it went to

Good....

I agree with Dandy, you're best served to use an attorney for this. Many will give a free 30-60 minute cosulation. Interview a few. You can get your basic questions answered. Find one that will work without a large retainer.