Legal Question in Wills and Trusts in Alabama
Time Required for Probate Case
My sister, a divorced mother of a 16-year old son, died intestate. I hired an attorney to handle the probate matter. It is a relatively simple case involving a house, furnishings, a car and a checking account. The mortgage was 50% paid, the car fully paid, and one credit debt of $1500. I wish to get through probate so I can sell the house and use the proceeds to fund my nephew's college education. He enters college this fall. However, we are 14 months into probate proceedings and still no resolution. I've paid $5000 in legal fees thus far. I've been paying the mortgage for more than a year, too. My attorney has made what I think are blunders: a) Writing a letter to the mortgage company to see if I can get a reprieve from paying the mortgage until the case is resolved,to no avail, b) Petitioning the court for me to be the administrator, only to be denied because I live outside the state. I later petitioned my brother to be assigned as administrator, to which the judge agreed. Should I question my attorney's probate experience?
1 Answer from Attorneys
Re: Time Required for Probate Case
I hesitate to question the other attorney without more information. Why is the probate process taking so long? What is the reason given?