Legal Question in Wills and Trusts in Kentucky

We live in a small town in Kentucky, although I'm originally from L.A. (The significance of my mentioning this point will become clear in a momen.t). We're involved in litigation against my husband's uncle. As his mother's POA, he legally stole the whole estate. For 2 years, we requested financial documents, and failed to get much of anything. I read about Motions for a Demand for Accounting, and I couldn't understand why our lawyer was taking so long in filing one; I even started to suspect back-room double-dealing. I asked him about filing one, and rather offended him. However, he did it. Now the uncle has missed the deadline -- he's a month delinquent. The uncle's attorney is trying to stall, offering such absurd excuses as he (lawyer) doesn't know what an accounting is; the uncle has been really sick, etc.

However, what really confounds me is our lawyer's behavior: he's done nothing. Why isn't he filing a Motion for Contempt? He's actually trying to "work with" the other lawyer, who I feel has no intention of complying. Is filing for contempt a very Draconian move, kind of a last resort? Maybe there's an "old boy's network" among the lawyers here, because the two attorneys seem to confer with each other before us. I and the rest of the plaintiffs would love to "ding" the uncle.

Any thoughts?


Asked on 1/13/12, 10:29 pm

2 Answer from Attorneys
Andrea Welker Welker Law Office

It depends on the county, with local rules, but for instance, in Fayette County, our local rules actually mandate we make efforts to work with the other side before filing a motion to compel. Regardless, in small towns it would be professional suicide to be "that guy," who never gives anyone else any consideration and would be detrimental to representation of one's clients.

Ultimately, if you aren't happy with your attorney, then find another one who regularly handles these types of cases. Otherwise, trust he is advocating on your behalf and work on effective communication with your attorney. Ask for expected timelines and what to expect next, take notes in those meetings, and follow up accordingly.

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Answered on 1/13/12, 10:56 pm


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