Legal Question in Wills and Trusts in Michigan

Do we have a bad lawyer?

We hired a lawyer last July to get my sister appointed conservator for my mother who had been in Hospice in a nursing home for 1 1/2 years and had developed dementia. It took until Dec. before we had a court hearing and until Jan before the court decided. The lawyer explained it took so long because his office had been inundated with bankruptcy cases and he'd had problems with office help.Mom died in March and we just recently were sent papers to sign and have now gotten a notice of a hearing to end the conservatorship. I am executor of my mother's will. Probate hasn't even started yet! Is this a bad attorney? How can we tell? What should we do? We are not experienced in these things. We were told probate would only take about two months. It only involves my mother's house - basically her only asset.


Asked on 6/17/06, 6:34 pm

1 Answer from Attorneys
Don Rosenberg Barron, Rosenberg, Mayoras & Mayoras, P. C.

Re: Do we have a bad lawyer?

Sounds like it. A busy attorney is now excuse. While I do not want to sound like a commercial, I personally have 20+ years of probate experience. Assuming the probate you are talking about is an INFORMAL proceeding, the process should be as follows. File application for Informal probate with other necessary documents. Cost $150, publication fee $60, inventory fee about $300-400 for the 1st $100,000 in value. There is a table that determines the fee. After the publication process is over and creditor period has run pluc 1 month (5 months) you can close the estate by filing a closing statement. You must notufy all interested parties and and keep them informed.

Frankly, the process can be initiated in a matter of days and the home if needed to be sold can be sold immediately without having to wait for the entire process. The process is NOT as exppenive as most attorneys make it out to be.

Call me if we can assist you or even if you have questions.

Don

Don L. Rosenberg

www.brmmlaw.com

also check out our WEB SITES!

www.thecenterforelderlaw.com

and

www.thecenterforspecialneedsplanning.com

Barron, Rosenberg, Mayoras & Mayoras, P.C.

1301 WEST LONG LAKE ROAD

STE 340

TROY, MI 48098

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Answered on 6/17/06, 8:16 pm


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