Is there any course of action, in the state of VA, when attorney fees are eating away at a modest estate?

Asked over 1 year ago - Harrisonburg, VA

No parents, spouse, children nor siblings involved. No Will. The estate administrator refuses to identify the heirs. Their attorney and my attorney do not want the liability of identifying the heirs. All we do is meet as a group, get charged for the meeting and schedule another meeting. There is only $80,000. cash in the estate and a partition suit will have to follow on the real estate about $80,000. value. The estate has been open for like 9 years but we only started trying to make the administrator settle the estate 3 years ago. It's just a total mess. thanks for any clues, sue

Attorney answers (2)

  1. Robert William Haley

    Contributor Level 11


    Lawyers agree

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    Answered . You have an attorney and you don't know why this modest estate is still open after nine years? You need an immediate meeting with your attorney for answers; if you don't get them, I would discharge the attorney and seek more competent counsel.

  2. Adam S. Bernick

    Contributor Level 13


    Lawyer agrees


    Answered . Obtain a copy of all documents and take them to an independent attorney for a second opinion. Generally if it is not certain who the heirs are the executor has to hire a genealogist to prepare a report and submit it to the court. This can usually be done in an accounting proceeding.

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