My mother named me POA and Executor. Later when she was in failing heath her estranged husband and her other daughter w/ her soon to be exhusband conspired and got Guardianship of her. They stole her jewelry, money and much of her personal belongings that according to her Will were to be divided evenly between her two daughters. She had died and they petitioned against me being named Executor and without any reason, in 1.5 minutes, the judge gave it to her friend, the privately paid public Administrator. Now, she gets commission from my mother's estate. She (the PA) has a lawyer over her paid by the estate, I had to hire a lawyer, my sister has a lawyer. I have a ton of evidence supporting all their wrongdoing and they have nothing against me. I want them to be liable for the harm!
Criminal Defense Attorney
You need a lawyer familiar with litigation of estates. Many wills and trusts lawyers don't necessarily litigate. This is going to cost you a lot of money and maybe why the other lawyers encourage you to settle. An attorney would charge you hourly anywhere between 250 and 500 dollars per hour to litigate. That adds up quick and could run into the 10's of thousands if not a hundred thousand dollars.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
6 lawyers agree
Estate Planning Attorney
I agree with my colleague, Mr. Bogan, except to add the following:
Could this be a situation where there is "more case than money"? In other words, will the legal and other expenses of litigating this case outrun the value of the estate being fought over?
It's not uncommon for a case to eat up the value of an estate. If that happens, it's a tragedy. I understand your anger in wanting anyone responsible for wrongdoing "to be liable for the harm", but at what cost to the estate?
It's a sad but true fact that when litigating an estate dispute, there is more to be considered than who's right and who's wrong, and that's the cost/benefit analysis of proving who's right and who's wrong, and then getting them to pay for it.
I'm sure that this is not the answer you wanted, but I'm sorry to tell you that it's the only one I have.
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5 lawyers agree