Legal Question in Wills and Trusts in Indiana

will contest

I am involved with an estate for several years now. A will contest was filed and an agreement was reached over 1 1/2 years ago. I tried to get my attorney to finish up so the estate could be closed out as soon as the agreement was signed. I contacted him on a regular basis until the end of 2004 when he told me he was going to ''do me a favor and I don't have to pay him anything this year''. I pretty well gave up trying to close things out at that point as I felt that any pressure I placed on him would be met with resistance. Near the end of 2005 he contacted me and told me that we needed to get the estate closed out and wanted me to get with him as soon as possible. I do want to finish this up but I'm so mad at his attitude and unprofessionalism I don't want to even talk to him until I cool down. Has he done anything unethical in not completing this work in a timely manner?


Asked on 1/11/06, 7:46 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: will contest

http://www.in.gov/judiciary/agencies/dis.html

That's the website for the Indiana Disciplinary Commission. The comments you report from your attorney (doing you a favor by not charging you this year) sound like the excuse of a defalcator. I think you should contact the Disciplinary Commission, download the complaint form, complete it and file it. Whether or not your attorney is stealing, he should be proceeding more diligently than you report. (Which reminds me, I have a couple phone calls to return.) The IDC should be able to help. Good luck.

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Answered on 1/11/06, 11:20 am


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