Legal Question in Wills and Trusts in Georgia

I don't know have access to any of the documents nor do I know what the will says, what assets are in the estate, what claims were filed, if any, or where the estate was probated. I thus cannot really comment, although, if what you say is true, I would take a dim view of the attorney's actions. That really is not justified.

Since you are so close to having this wrapped up, I guess I would not say anything and hope for the best. If the estate is not settled by the end of January, then I would get your own attorney to make inquiry on your behalf. I also would check the court file to make sure that the estate is correctly probated, notice was published, and an inventory and accounting have been filed. It could be that the estate is waiting upon approval from the state/federal tax authorities. Even though estate taxes may not be owed, final income tax returns still need filed and have to be approved.

Can the attorney charge you a fee directly? No, as you are not the attorney's client. However, if the attorney chooses to respond to you, he will charge the estate. The estate pays the attorney's fee which is usually premised upon the amount of assets in the estate and any claims. Depending on where the estate is probated, the fee will either be set by statute or possibly by the clerk of court. Obviously, for every dollar the estate spends on legal fees that is one less dollar available for distribution to the heirs so indirectly you pay the fee.

Asking questions usually does not cause delay in completing the probate process, but like everything else, it depends on the particular circumstances and what kind of issues you raised.

No, neither the executor nor the estate attorney can withhold your inheritance for "

meanness." That said, I don't know what the will says, what assets are in the estate and what claims there are. Many things are left to the executor's discretion and it is conceivable that the executor could use this discretion to your disadvantage. Its also conceivable that the estate attorney could do some creative math and finagle more out of the estate and justify it. Its not ethical, but not all attorneys are ethical or professional.

I can't see how telling the granddaughter to contact an attorney in and of itself caused delay. Did the granddaughter actually contact one? If so, did the granddaughter just get advice or did this other attorney act on her behalf by filing something? If that happened, then that action caused the delay, not you telling the granddaughter to seek legal help. I can understand that the executor might be peeved if the granddaughter sought legal help over some issue (like raising a caveat or something) but that's too bad. It was the granddaughter's right to do that if she had grounds. If she did not and was advised of that by the attorney, then I don't see how that caused harm to the estate or delayed anything.

I would agree that something is not right here. That's why I suggest that you get a copy of the estate file and get your own probate lawyer. At least pay him or her a reasonable fee to look over everything and make sure that you did nothing wrong and give yourself some peace of mind or vindication.