Attorney says he requested court date but due to court backlog has not recieved one yet. Normal?
4 attorney answers
I would ask for your money back and retain a new attorney in San Antonio. I agree with the other answers that this should not take this long unless there are circumstances that are slowing this process down. Based on what you have written, it doesn't appear that it should take this long.
I agree with the other attorneys. If I were in San Antonio and got the will today, I could get it filed on Monday start the process. Ask for your money back and see another attorney. If you can't get your money back, contact the State Bar of Texas in Austin. There may be some issues as Michael pointed out, but you have to get started to get those figured out.
I have practiced law for over 40 years and currently reside in Colorado. I am licensed to practice in Texas and Colorado. For the most part, I practice in the area of estate planning, which includes drafting wills and powers of attorney, guardianships, probate, real estate, and related issues. My response to your question does not create an attorney-client relationship with me or any attorney. My response is based on the information provided.
Six months is way too long to wait for a simple prove up. The only explanation would be if there is a problem with the Will. Do you have the original? Is the Will self/proved? Has it been more than four years since the Decedent’s death? Is there a dispute as to the Will’s authenticity? Those would be possible explanations, however, six months is still way too long. I’m with Steve, get a probate lawyer.
Michael A. Duran of The Duran Firm principally practices in the North Texas area, including Collin, Dallas, Denton, Tarrant, Kaufman, Rockwall and Van Zandt counties. The advice given here is not and should not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. Visit duranfirm.com for more information on the topic discussed.
You have received terrible service. Beware county is not difficult for probate. Quit messing around with a generalist and hire an attorney board certified in estate planning and probate law.