Legal Question in Wills and Trusts in Pennsylvania

What's my recourse?

My parents die a few months ago. Both were diagnosis with Alzheimer Disease. My nephew was named Power of Attorney and Executor of their estate. After my father passed away in August, my nephew and I went to probate my parents Will, which was drawn up by an attorney. To our surprise, a 2nd Will surfaced from a different sneaky nephew of mine and was being processed. This 2nd Will was only notarized and not from an attorney. Furthermore, my nephew and I were disinherited from this 2nd Will. This 2nd Will was drawn up in June and my father passed away in August from Alzheimer Disease. We immediately contacted the attorney that handled the Will for my parents to file an appeal about this 2nd Will, and file an immediate court order to stop the removal of any assets from the estate until this situation is rectified. We paid our attorney by check. He cashed it in September 2006. Our attorney called back to let us know that he filed all the necessary paperwork to appeal this 2nd Will which will be in 30 days. That was in September 2006 along with many phone calls. We are now in February 2007 and yesterday I received my retainer�s fee back and found out this attorney did nothing. Is he at fault? What�s my recourse?


Asked on 2/22/07, 5:37 pm

1 Answer from Attorneys
Kai Wessels Kai H. Wessels

Re: What's my recourse?

Your email sets forth a good case for attorney liability. I strongly recommend that you consult with an attorney in your area to review the case as soon as possible.

Good luck.

Sincerely,

Kai H. Wessels, Esq.

(This email is provided for informational purposes only, and should not be relied upon as being legal advice.)

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Answered on 2/22/07, 5:51 pm


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