Legal Question in Wills and Trusts in California
Since probate started in October 2008, My probate laywer who is representing me, the survivng spouce, is not responding for weeks to my questions or does not give me lagal advice when I am asking him but gives me 5 minutes to make desicions on issues before he sees the probate judge.
I am dealing with an adverse Executor and his laywer who make false accustions obstruct the truth and ignore propper accounting in order to enrich themseves.
My laywer has not filed or written anything to the courts to allert the sourt of the wrondoings by the Executor.
My laywer and the Executor laywer have agreed to hire a mediator in June 2010. The nediator as well has ignored the accounting errors which are in the executors favor.
This willful rejection of proper accounting has led to prolonged probate and laywer costs.
During the mediation the executors laywer gleefully siad"this probate will never end.
My laywer and the nediator never asked hime to explain himselve.
I am paying a layer but have no representation.
How do I deal with such laywer and how can I get this probate to close.
2 Answers from Attorneys
You need to write out a detailed description of your complaints about your attorney and then go t several probate attorney in your local area and see if they feel he has acted incorrectly or is harming you. You are too close to the problem to be able to be objective. It would not surprise me if you are entirely correct, but you still need a third opinion, especially since the mediator seemed to disagree with you.
It sounds to me as though there is a serious breakdown in communication between you and your attorney. Whether or not your attorney is acting properly, the bottom line is that you are not satisfied with the representation that you are receiving. Because of this, I would recommend that you hire a new attorney. Mr. Sher's suggestion that you write down your concerns to take with you when consulting with other attorneys is an excellent one. It will serve to keep you focused and ensure that all of your concerns are addressed. Please feel free to email me at [email protected] if you have any additional questions.
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