Legal Question in Legal Ethics in Indiana

Death without a will, What should you do if the Lawyer you have is screwing you

My family has been working with a lawyer for over 2 years now who never keeps his dealines when it comes to finishing up the estate. How long should it take for him to finish? The estate is rather large so we feel that he is doing it for the money and since we aren't clear on the legal info than he is just messing with us for more money. Can we sue him for misconduct? And if so how do we go about doing it? The whole point of this is that he not only is taking so long but he avoids the phone calls and makes excuses.


Asked on 2/03/02, 1:38 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Death without a will, What should you do if the Lawyer you have is screwing

In Indiana, probate should not take beyond a year from the time the estate was opened. Once that one year time period has been reached, the courts require in writing a request for additional time to close the estate. There is a 9 month deadline after death for the filing of a federal estate tax return if one is required (for large estates over $650,000-675,000) and a 12 month deadline for filing of the inheritance tax return if one is required (number of direct descendents times $100,000). There is a 5.5 month deadline for filing claims after the estate is opened. Occasionally problems arise with federal estate tax returns and the payment of state estate tax.

You can report the attorney to the disciplinary commission, complain to the judge, or the personal representative can discharge his services and force him to request the court determine what his fee should be. If one of the heirs is the personal representative, he is the one who should take the bull by the horns and approach the attorney. Everyone one else ought to hire a separate attorney to review what has been done and contact him to get it moving.

Read more
Answered on 2/03/02, 4:00 pm


Related Questions & Answers

More Legal Ethics & Professional Responsibility questions and answers in Indiana