Attorneys -am I being patient enough and when is it time to hire somebody else?

In My Humble Opinion
1

I can’t get into specific details.

My mother had a very good corporate tax attorney that setup her LTD and Trust for her medical practice. That was in the early 1990’s. Wells Fargo handles most of it now, but they won’t handle closing the estate and Trust. It’s exceeds their dollar limit.

The original attorney is semi-retired and he stated this was going to be extensive work. He recommended a different Tax Attorney. He/She holds some important positions in the State Bar.

Meeting in late April went well. Gave the attorney everything from the safe. The last printed copy of the Trust, a amended will (from the original Attorney) and we’ve brought life insurance claims as they’ve come in.

I’m Sole heir, and this should be routine Right?
Nothing has been done.

My documents were supposed to be scanned and returned. I don’t have anything now. It’s all with my hard working attorney.

A managed Annuity filed at Wells Fargo was supposed to be transferred to me. My account manager knew my mom for 30 years. He’s been helpful, but it’s the attorneys job to do this and handle tax liability.

I am reluctantly filing 2 life insurance claims that came in the mail. They stated the claims need to be be in by Dec 31 because mom died in April. I’ll probably take a tax hit. I can’t wait any longer. Its Dec 18.

Wells Fargo helped me transfer a IRA into my name. The attorney was supposed to do that.

I won’t even get into the trust. It’s fully protected and goes to charity that my parents specified. I understand it’s probably a lot of work to finalize this part of the estate.

My biggest concern is my Will. If I drop dead two hours from now this whole mess is unresolved. My new attorney hasn’t helped me with that either.

I already called the original Attorney for a different reference.

Am I just being impatient? I don’t want to waste the hours of work this attorney has performed. I’m going to get billed for whatever had been done. Our meeting in April was 2 hours if he/she’s travel time is billed.

I’m Definitely not asking for a binding legal opinion. I understand anyone responding is not speaking as my attorney.

Am I just being impatient?

I’m beginning to feel like a door mat at the gate of a cow pasture.

2

I’d be impatient as well. I understand right now is likely a busy time of the year for estate attorneys, but it’s been 8+ months. I’d lay into them.

The good news is that life insurance proceeds are tax free. There’s likely not a hard deadline of Dec 31, but rather that’s what the company would prefer.

3

I thought tax season wouldn’t be a problem. We met last week of April.

I thought this work would be done long before the Attorneys geared up again for 2024 tax reports.

I am fortunate that the original Attorney is a close friend. My mothers legal work was an important part of his early firm’s work in the 1990’s

This original attorney is easily close to 70 and I understand his firm is semi-retired.

Trusts are a PITA. My parents house was registered in the Trust. Mom sold the house and the Title Company gave her a check made out to the Trust. Mom had trouble depositing it at the bank. She even took her paperwork to the bank proving she was the executor and had full control. We finally got the damn money deposited.

Imsgine if I had to sell that house. :frowning: They gave my mom crap and it was her Trust.

4

Trusts CAN be a PITA - especially if poorly drafted.

IMO, you are not being impatient. I would ask - in writing - for an accounting of the efforts they have already done, and what they expect to be needed on what timetable. Ask for a response w/in 10 days. If you do not get a response - or are dissatisfied with their response, get a new rep.

5

I agree with this. I would also cc the attorney who referred you to this firm. Polite but firm letter expressing confusion why you have not received any updates and why the progress you expected has not been accomplished. In a poorly run busy law practice, sometimes you have to be the squeaky wheel to get the attention you deserve.

6

My gf is executrix for her aunts estate. It was relatively complicated. My gf hired a local attorney to help her. The first few months she stopped at the law office a few times a week to sign things, endorse checks, etc. He always kept her updated on where the estate was and what still needed to be done. There were tax hurdles, but they all have gone smoothly.

One thing my gf mentioned is that doing this work has helped her “say goodbye” to her aunt.

7

Thank you. I called my mom’s original Attorney and asked him to draft the letter and send certified mail. A 20 min job and I think he’s happy to help.

I would have appreciated that process too. It’s so weird dealing with our parents estates. I never allowed myself to think about it. It was my parents investments and retirement. Not mine!

I never wanted to think about inheritance because that meant losing the two most important people in my life.

If you live long enough, we all will face this time in life.

8

Can they ever. Especially if the trustee is not selected carefully.

My wife’s parents set up a trust with their 3 children as equal beneficiaries (even though their total assets were well below the estate tax limit), and unfortunately named my wife’s older sister as trustee.

7 years after their death she is still holding some of the assets (in her own personal bank account, even), and refusing to distribute. Her excuse being that she thinks my wife was spending “too much of mom’s money” when she was the sole caretaker for their mother for the last few years of her life. (Big sis hardly lifted a finger to help).

We should probably sue… but my wife doesn’t want to. We are no longer on speaking terms with big sis, though.

9

I still have a 2000 Ford E-150 van Titled and registered in the Trust name.

My mom looked into getting it out after the fiasco selling the house

It’s not worth the battle. We’d almost need a attorney? So. that 23 year old van that is worth maybe $4500 continues to be my daily driver. Selling it could be problematic.

Never put personal property into your Trust.

There may be tax benefits on a house placed inside a Trust. But you will want to sell that house and downsize in retirement.

10

I don’t think this is good advice, at least it does not match my experience. It depends on the type of trust.

Was this a living trust, and are you the residuary trustee? If not, I think her attorney may have steered your mother wrong when the original trust was set up. I was the residuary trustee (and executor) for my father, and we had no problems of the kind you describe. I took over his bank accounts and his investment account (two separate companies) in one visit to each. I sold his car with no trouble (this was now 14 years ago so I don’t remember whether I had to go to the DMV first, I may have, but it was one visit).

Regarding your current attorney: have you received any billings for their time so far? Did you provide them a retainer when you started out? You have apparently had no accounting of whatever time they may have spent so far, and to a lawyer time literally is money. If they have been working off their retainer, you absolutely should have had some accounting of it. If they haven’t billed you anything, they haven’t done anything. I think you have taken the right first step with this letter, and if you don’t hear within a couple of weeks, find a new lawyer, whose first job will be to collect all those documents, get them copied and back to you (I would have done the copying myself, at least on the critical stuff like the trust document).

11

We had that initial meeting. I was in the hospital and we met in my room with my family. I thought the meeting went well. I was fully prepared and had all the documents from the safe.

It’s about 4M to 5M total; maybe peanuts to a Corporate Tax Attorney but it took 45 years of professional medical practice to earn and invest it. Walls Fargo did a good job. We’ve had the same Account Manager for 30 years.

It is odd no retainer was requested.

Do Attorneys bill for travel time? It was at least 20 mins driving time from the Law Office to the hospital. 40 mins round trip

This is certainly not a nickle and dime estate. It deserves some respect and professionalism from the people I employ.

I’d estimate 60% is going to charity that my parents designated. I’m fine with that. It’s not my money. I didn’t earn this.

12

By medical practice I mean CRNA certified registered nurse anesthetist.

Mom tripled her income by establishing a Ltd. and going Locum tenens. She was Licensed in 3 states. A lot of travel. She sometimes took 1 to 6 month jobs and the hospital provided a apartment.

Could have been a excellent doctor. There was no money in the family for medical school.

Any RN should seriously consider returning to school for CRNA. My mom started as a RN in the Labor & Delivery ward

13

The guy who has nothing to show for eight months of ?!@#$ing with a mid-seven figure estate is a close friend?

Easy for me to say but I’d demand an update and a statement of billable hours since the April meeting. Allow 24 hours for this. Use the Dec 31st deadline as a reason if challeneged and leave it at that.

14

I think he means the semi-retired attorney who is therefore not handling the estate but who recommended the guy who has nothing to show etc. etc.

15

Yes, thank you. I’d overlooked that it was a new atty. I’m sorry to @aceplace57 for the mistake and showing my ?!@#$.

But the second part still applies. You’re long overdue for an update.

16

Wrong guy. Our family attorney worked for my parent’s since the late 1980’s. He’s at least 70 and semi-retired.

He’s writing a letter now based on recommendations here for a formal record of work done and anticipated timetable for completion. Mailing it registered or certified?

It should light a fire under the new attorney or I’ll pay them off and get someone that wants the job.

It’s my own fault for trying to be patient and understanding. I have a temper and have kept it closely in check since college. Sports was an outlet for that energy. I refuse to be provoked and lose control. It’s worked well for decades except I ate a lot of Tums.

However, I’m no one’s doormat either.

I don’t have any problem with firing incompetence and rewarding achievers.

17

While it’s time to get to business with the attorney, it’s premature to feel anger or other hard feelings. For all we know, this is a normal timeline for an estate like this and he took your lead in the communications outreach approach.

18

I agree.

I relieved there’s a formal way to approach this issue. We’ll get the letter written and request a accounting of the work done and timeline to complete.

Neat and simple.

This is the final step that I’m obligated to do for my parents. Get their estate closed, sell or give away their property and make sure their favorite charities are supported.

19

It varies by state, but In Pennsylvania it is customary for the attorney to get the same percentage as the executor/executrix and they get their fee at the end when the pie is divided up.

20

When hiring an atty - as when hiring any other worker - it is ENTIRELY appropriate to ask for estimated timetables, and periodic updates. Keep in mind, tho, that such updates are billable work.

I don’t think so. No estate/trust is so complicated that the initial steps could not have been taken - or a strategy identified - within 8-9 months. It is pretty common (tho not universal) practice for lawyers to bill for monthly reviews of all of their open cases. Ensuring that everything is done timely and that timetables are not missed is a critical aspect of much legal practice. A good practice when hiring an atty is to find the phone #/email of the support staff whom you can contact with any questions (and who bills your phone calls/emails at a lower rate than the atty.)