My sister hired an attorney to help her with her duties as trustee of my mother's estate. There are 3 time shares included in the assets of the estate & the trustee agreed that I could assume ownership of these (along with the responsibility to pay for them). At a meeting in Jan 2019 between me, my sister & the trust attorney she hired, I was offered the attorney's services to complete title transfers of my mother's time shares. I accepted the offer & have spent three months trying to get him to follow through with this task. As a result of undefined delays on his part the time shares are accruing late fees & I have lost several vacation certificates entitling the bearer to one week's stay at any available property in the time share network on the requested dates. Since I am not listed as an owner I cannot get any information about past due fees or pay to have certificate expiration dates extended. 12 weeks after offering to provide this service, the lawyer informed me that upcoming vacation time would prevent him from assisting and recommended I find a title company to help me.
First, understand that the attorney's first allegiance is to the trustee, his first client.
Second, it sounds like he is "too busy" to do this and you really don't need to keep him retained. When you say you were "offered the attorney's services", are you paying him? Doesn't sound like it. Hire someone else.
Third, you need to have the trustee tell you that she is ready to transfer the 3 times shares to you, forthwith. (Make certain that the titles to these are clean and they can BE transferred to you without barnacles.
Fourth, write the attorney a very detailed, terse letter explaining all that "you have lost" because of his dilly-dally attitude "which he is in Hawaii"! Let him know that litigation will follow. Keep a copy.
Fifth, if none of this works for a remedy that you can live with, you need a trust/estates litigator who will initiate litigation against the trustee/attorney to make this happen. (NOTE: be very aware that it is the trust entity , not you, that is losing the money up to the point of the transfer to you!!!!! I can "hear" the trustee/attorney saying that!!!!!) Additionally, there are issues of administration by the trustee that may justify the delay in things happening.
In the end, you will note that you need a person with total allegiance to you. That is why you should hire your own lawyer. Good luck .
This commentary does not result in any attorney/client relationship nor constitute legal advice as to a particular fact situation or status of a reader. Consult and retain legal counsel in the State of Michigan for pursuit of such a relationship.
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