Legal Question in Wills and Trusts in Massachusetts
probate/wills/filing suit/claim on estate
If I have been contacted a year ago by the attorney representing the estate of the deceased, stating not to contact the heirs and that he will handle the matters of the estate and probate, because I have a claim of debt and damages as the deceased last landlord. This attorney told me to forward the total bill and all evidence (bills & witnesses etc), and he'd review it and get back to me, starting the process of settling via negotiations. So, I did, along with police report, insurance report, and photos etc. for a total of over $7,000. However, this attorney has not once responded to my calls or monthly letters requesting response, nor has the estate been filed for probate (per the courts). I will be filing a suit against the estate, as is advised. Do I direct it to his attention? I am not a lawyer, but am trying to handle this myself because this loss leaves me no money to retain an attorney, which I'd rather do.
However, I'm stuck at the moment.
Would you kindly give me some advise please, on some key points I should be aware of. It seems very odd that this attorney has been ignoring this, and my question if he is even representing the estate anymore.
Thank you for any info. you can provide me
3 Answers from Attorneys
Re: probate/wills/filing suit/claim on estate
No.
File suit ASAP, and serve the executor. You may have a statute of limitation problem.
Re: probate/wills/filing suit/claim on estate
you must file a claim against the estate in probate court within a year of the date ofe death. Retain an attorney.
Re: probate/wills/filing suit/claim on estate
You must file a claim with the probate court within a year of the probate file being opened. You need to file a claim ASAP.
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