Legal Question in Wills and Trusts in Georgia

Five Years of Probate

The house I am living in was purchased by a former partner and myself for the purpose of ''rental income''. The partner died about a year after we began our partnership, over ten years ago. I tried to sell the house in 1997, an found that the property had to go through Probate. The deceased partner has 6 heirs. I retained an attorney for $1,500.00 in 1997. My attorney has allowed this case to drag on for 5 years. Back in Nov, 2000, I was finally granted the position of ''Administratrix'' (because none of the heirs showed up for the hearing). The next process was ''Partitioning for the right to sell''. Just this week, the Judge was about to grant me the right to sell and wouldn't you know, the attorney had failed to file the estate ''Inventory'' for 2001 and 2002. When I questioned him about his error, he told me that I could have done it. I am totally frustrated with this man. Ontop of all the wasted time, incompetence, and lazyness, he has the nerve to send bills which include interest. What I need to know is how long should a case similar to mine, take to finalize (uncontested)? 2)How much can an attorney charge, minus court fees. And where can I find information on ''How to Deal With An Incompetent Attorney''?

Thank you

Lejuan


Asked on 4/10/02, 12:09 am

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Five Years of Probate

Gee I am not sure you will really like my answer. I know the (areas) of the law of which you question. It is lazy for the case to drag from 97 to 2002, but it was your job, not the lawyer's, to file the Inventory. You took the Administrator/Administratrix oath -- not your lawyer. You face the multiple problems of divided interest in a parcel of real property, intestate probate, 6 uncooperative heirs on your "partners" 50% and THEN you have to run the house through a OCGA 44-6-166.1 or 44-6-140, or 160 or 167 partition of real property action. Unless your or your lawyer is motivated to navigate this legal bog, it is easy to become mired in the sludge of a case like yours. I think you should go find another real estate (not probate) attorney in your county. At this point, you are simply going to have to shove the real property to sale and then divide the proceeds. You can call the Georgia State Bar Fee Arbitration panel to discuss what to do with your attorney. However, given the factual problems with your case, I doubt they will do anything to him. HCW

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Answered on 4/10/02, 12:35 am


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