Attorney Problems

Attorney Problems

How can I appeal my probate attorneys handling of my inherited estate? [This question was initially posed as "Shart Attack" but we toned it down a bit].


Sounds like you're not happy with what the attorney handling your benefactor's estate did. The first thing to do, is not go on the attack or offensive, but rather call up. Express your concerns and dissatisfaction and ask to discuss it over the phone or at a meeting. It might be a misunderstanding. If it is a mistake and the attorney will help you address it, it might be resolvable. Act quickly because time deadlines to fix the problem may be crucial. Since you did not indicate what you meant by "appeal" or what the cause of dissatisfaction is, itÆs a bit hard to get more precise. If the attorney is uncooperative or worse, reach out to other professionals involved in the estate, such as the estate's accountant, financial adviser, etc. They might be able to offer some insight or intervene. Why all this beating around the bush? Because the other alternatives become adversarial, time consuming and expensive, and in many cases the problems are resolvable. If the above gets you no reasonable clarification or satisfaction, consult with a malpractice attorney that has some experience in the probate field. Find out if you have a case. If you have a case, that doesn't mean pursue it. Get a handle on what the cost, time and aggravation factor will be. In many situations your potential outcome doesn't warrant the battle to get it. If your new attorney believes the claim is worth pursuing, have him/her call the old attorney and try to negotiate a settlement before filing a claim. If still no luck, and if you really want to proceed, then have the new attorney file a claim.

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