Reposted to remove email correspondance - still looking for advice:
Ok, I’m finally pissed enough with what a lawyer is doing to my sister to ask for advice. This is a lawyer who wrote my dad’s will and who we naturally assumed would help with his estate after his death (Aug 26th). She seemed nice when I met her that week. She talked a good game when she met with my sister and uncle shortly after his death. Then - nothing.
My sister is supposed to be executrix. The lawyer has not yet made this happen, though we’ve been promised it will happen since mid Sept - always promised “later this week.” Those of us getting significant shares in the will had to sign non-contesting papers. These were supposed to be ready for us in early Sept, but by Sept 19th, mine still wasn’t so they had me sign a blank piece of paper with my name on it and told me they’d fill out the rest. I didn’t really want to do that, but had to return home and my sister NEEDS to close his accounts, so did it and left a check for the Surrogate’s Court filing fee. They paperclipped the two together and put it in my dad’s file. I watched them do this.
Nothing happened - even with regular calls/visits. There were promises, always for “tomorrow” or “later this week,” but nothing happened.
Last Thursday I got an email telling me I had to sign a paper and mail it to them. Considering this is 2 1/2 months later with nothing happening, and now they’ve lost the paper too (told her they couldn’t find it), we opted to go with a different lawyer. However, we need dad’s original copy of the will. The lawyer won’t give it to us until her fee is paid. Fine. Give us an itemized bill. It’s now a week later and we STILL don’t have one. They told her the Surrogate’s Court won’t accept a personal check (like what I left for the filing fee). H just called the court. YES, they do. That “fact” is a blatant lie. I sent back an e-mail telling them no, I won’t do it. Work around it (find the other paper) or we’re switching lawyers.
I received an email back telling me my refusal to do so would set my sister back 6-8 weeks as I’d need to be served a Citation for it and the lawyer asked me if I wrote the email or if H did since he supposedly was rude to her secretary. H is never rude. He did talk with her secretary as the name was wrong on the paper and he knew it would have to be fixed. At that time he thought I would do it. I was at work. He didn’t know that was my final straw. Is telling someone a name is wrong and a notary won’t sign for it because I have no ID with that name rude?
She also told me taking a month to do this sort of thing is normal. Aug 26th to Nov 8th is a month in who’s world? Had it been done by the end of Sept, there’d have been no complaint. Even during Oct would have been ok - not ideal - but not complaint worthy.
During this past week (SINCE I implied we’d be going with a different lawyer) one of my sons received his brother’s copy of the will in the mail (name was highlighted) and it had been sent in a pre-addressed envelope - except it had been preaddressed to someone completely different and a new address label had been placed on top. It was still easy to read who the envelope was originally addressed to.
My sister has stopped into the office three times to pick things up (including an itemized bill) and was told it’s all in the county seat - come back “tomorrow.” Today she’s told the bill will be $921.75!!! for, well, we don’t know what. There was only the one meeting - ever - and three papers that were signed. My guess is she’s also charging for whatever she’s done since last Thursday, though I’m not sure what that is besides sending out copies of his will to the wrong grandkids. Perhaps she’s started some sort of Citation to me?
Needless to say, I’m pissed. Very, very pissed.
It’s a totally uncontested will and my sister still isn’t executrix nor can we do it ourselves or change lawyers without the original will she has.
Tell me what you would be doing. I at least want to file an official complaint and I’m interested in posting our experience where others can be warned as well.
Sticking with this lawyer is NOT happening, but we need to get progression going. I do NOT want to give her any more than about $300 and that’s being generous allowing for that first meeting (which lasted a little less than an hour). I’d cave and give her up to $500 just to be done with her. Giving her $900 is way out of line. She’s done nothing - nothing she promised - nothing other lawyers would have done in the same time frame (which should take 2-3 weeks tops) - nothing.
As an interesting tidbit - she ran for a judge’s office back in Sept - and lost miserably in the primaries. Very much last among the options. At the time it was just an interesting thing to see. Now I know why it happened.