Expert Advice When You Need It Most

How can I get our estate attorney to close a 7 year Open Estate?

Our family member passed away 7 years ago. I am executor- most assest have been distributed. Each year our attorney promises to close the estate. He claims that he is busy but our case is top of his pile this year. Still nothing. I wrote him a letter expressing my concern and need a final strategy and resolution. After 2 weeks, no call back. I have put off getting another attorney due to increase in costs and complications. Is this my only option?

Save

Attorney answers (4)

Reputation Level 10
Make an appointment to see the attorney face to face and express your feelings. You say that most assets have been distributed and this may very well be the reason the estate is still open i.e., that everything has not been distributed and the executor still has to be empowered to complete the job.

Reputation Level 10
I would definitely demand a meeting with the attorney, and if the attorney is unwilling to meet with you, or keeps putting you off, you may have no recourse but to hire another attorney to help you close out this estate. Let me know if we can be of assistance.

Reputation Level 20
Make an appointment with the attorney and discuss what needs to be done to close out this estate. Being too busy is not a good answer. Especially, if the attorney continues to bill fees to the estate each year. Let the attorney know that you will contact the State Bar if he does not give this estate the attention that it requires to close it out.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.
1 person marked this answer as good

Reputation Level 9
Massachusetts has a statute that closes the door to most creditors after 1 year. So the debts of your family member should have been settled and paid off long ago.

But is there some other reason that the estate has been left open? If real estate title work and the collection of assets has been taken care of, the formalities of closing the estate should have been accomplished promptly.

You mention in your questions that "most assets have been distributed." Leaving assets in an estate can end up costing additional Probate filing fees for each year the estate is left open.

In addition to saving unnecessary fees, you can prevent strain on family relationships, and preserve your own peace of mind by having the loose ends tied up, so the estate can be closed.

-John

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now