Depending on how complex your brother’s property issues were, it can actually take years to close an estate. Still, the probate attorney and the financial advisor should address your requests for information. Here are some steps to take:
Stop phoning or emailing them.
The probate lawyer does not represent you and may have been fired, withdrew or told to not respond to you.
Write the executor a polite, businesslike letter requesting a written status update and financial accounting on the closing of the estate and give a 10 business day deadline for the response. Copy all the heirs and the probate lawyer and retain a copy for yourself. Send it “Certified -return receipt requested.”
While you are waiting for a response. Search for an attorney with many years of experience to engage on business day 10 if you have not heard from the executor. You should consider asking the heirs to join you so that you can split the cost. It is possible that the executor has stolen the assets of the estate and to delay will only make it harder to recover.
If the executor is simply a procrastinator you might wish to intercede and take over the completion of the probate. This should be pursued by your attorney, through the court.
As a last resort, you can lodge formal complaints to the Mississippi Bar Association and Financial Industry Regulatory Authority, as well as the licensing or certification authority of the financial advisor – insurance, stock broker, accountant, etc. However, you do not know that the attorney is at fault and a bar complaint is premature. Since the advisor is serving as an executor and not as a financial advisor, a complaint to his governing body may go nowhere. You will be much better off hiring a lawyer to pursue the conclusion of your matter. Afterwards, only make proper complaints once you know the outcomes.
To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com
Answered on Aug 16th, 2012 at 7:12 PM