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How long does an estate take to settle? And, how can I tell if the lawyer is reputable?
Anonymous2 views4 answers
My father passed away in 2010, I was named personal representative, it took a year for his house to sell. This was a very small estate, all bills have been paid. As I said the house sold in 2011 (we are talking a mid 5 digit number), I turned in all of the accounting to the attorney, yet the probate is still not completed.
I have received a final accounting several times but each time there are many very basic errors, simple math errors, things labeled wrong, various discrepancies from what I turned in which was accurate to the penny. I fix it and return to the attorney, and then it takes months to get a reply.
Am I being too anxious, is this typical? Or am I dealing with a complete moron?
Also, I am being billed for more than $1000 over the highest quote the attorney gave me.
Not sure who your lawyer is but probate can take a while. It doesn't sound like your case should take this long and in fact you case may not have needed a probate to start with if there were few bills and only one house that needed to be sold. Sorry you are having a bad experience. An accounting can even be waived in a probate if the other heirs or devisees agree to waive it. So not sure what the hold up is. Possibly your attorney does not have much experience in probate. I would write a letter to the probate court explaining that you are not happy with your attorney and you don't know why it is taking so long to get the accounting done. That should trigger the probate court to contact the lawyer to find out what is going on. I would expect that this probate lawyer is going to submit a bill to the court that needs approval before the probate is over. You may very well be shocked at that hours that the lawyer is going to charge. You can challenge the lawyers bill if it is unreasonable. It may be worth hiring another attorney to help you do this. Remember that the probate court will scrutinize the bill but only if you object to it.
You can also fire the lawyer if you want. Just go to another lawyer, tell them what is happening and they can tell your current lawyer that you no longer want the current lawyer to handle the case. A notice of substitution of counsel can be filed with the probate court. Just be aware that there will be a cost of the new lawyers time to review the file and come up to speed on the case but sometimes it is worth it if the other attorney is not doing their job expeditiously and with care.
Bottom line, don't hesitate to consult with another attorney if you feel that things are not being handled as they should.
As far as checking out the reputation or an attorney, word of mouth from other clients of that attorney is often the best measure. Try googling the attorney by name and see if you find any reviews by prior clients. Remember that on Yelp reviews are often hidden, so enter the code to reveal the hidden reviews.
Other attorneys can be counted on to recommend an attorney they think is good based on working with that attorney in the past. This is usually a good indicator. Attorneys are not going to be able to comment much about attorneys they haven't worked with so probably can't help you weed out the bad ones.
You can check the Oregon State Bar website where there is a public directly of all attorneys. If an attorney has been disciplined, you can click on a link below their name for a listing of such discipline. This however is limited to complaints that were prosecuted and lead to sanctions. Complaints by clients that were not pursued are not listed publicly.
Good luck.
http://www.portlandlegalservices.com
Joseph Jonathan BrophyEthics / Professional Responsibility LawyerWhite Plains, NY ·
There is no usual time it takes to complete a probate, but a final accounting shouldn't take more than a few months after the assets are disposed of. Since you are at the end of the process, it would probably cost more to change lawyers than to keep the one you've got. Next time you have a legal matter, it would be worth your while to do some research on lawyers' qualifications. Most good lawyers are rated by one of several on line services such as or SuperLawyers. You are always at liberty to ask a lawyer you are thinking of hiring for references from prior clients. I know plenty of my prior clients are happy to put in a good word for me.
Sounds like it is taking longer than it should. You should ask the attorney why it is taking so long and don't be afraid to ask for a break in the rates if you feel unnecessary time is being spent.
I agree with both of the prior answers and to elaborate on Attorney Zelinger's answer, it would certainly be within your rights, under the circumstances, to review the lawyer's billing statements and to determine just how much time has been spent putting together this accounting. Given all of the errors and follow-up, I would think that the attorney might need to adjust his fees in relation to the preparation of this document. Of course, as Attorney Brophy indicated, it would likely be expensive to challenge this in court and/or find a new attorney to take over in mid-stream. If he is willing to get the job done right, (and very quickly, at this point), I would probably let him finish, just to be done with it.
James Frederick
