QUESTION
What can I legally do if my attorney did something I did not approve of?
Asked on Mar 08th, 2014 on Estate Planning - Nebraska
More details to this question:
I wanted to pay my daughter for taking care of my brother when he passed. She submitted a bill I as the executor of the estate agreed to it. My attorney sent it to an auditor and it was denied. I would have rather it been paid and let the heirs determine whether they agreed or disagreed. I did not want him to do this.
12 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It sounds like the attorney die what he was required by law to do. He could not let the estate pay for "services" that may not have been worth it to the estate. He probably saved you real big headache when the other devisees learned of the payment and then filed a motion to have it reversed.
Answered on Mar 11th, 2014 at 6:07 AM
Edwin K. Niles
I don't know what you mean by auditor. As a general rule, the judge is the one who decides any dispute.
Answered on Mar 11th, 2014 at 6:01 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Was this really a California probate? She should have filed a Creditor's Claim. No auditor should be involved.
Answered on Mar 11th, 2014 at 5:20 AM
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I don't think your attorney did anything wrong. You clearly have a conflict of interest in paying your daughter out of your brother's estate. However, I would suggest sending a Notice of Proposed Action to ALL heirs stating that you will be paying your daughter whatever sum you are suggesting, and give clear detail as to what the payment is for. If no one objects, I don't see any reason why you couldn't pay it. Discuss this with your attorney however, and make sure you follow all of the procedures so it does not come back to haunt you later.
Answered on Mar 11th, 2014 at 5:15 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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More information is needed. What kind of auditor are you speaking of? It may not have been up to the heirs to decide. Without more information, you would need to discuss this with your attorney to determine why this was done. There may not have been a choice, depending on the circumstances.
Answered on Mar 11th, 2014 at 5:09 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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I'm not sure exactly what went on here but I would suggest that you ask your attorney to prepared consent document for each heir. Each of the heirs and/or legatees should sign this form and return it to the attorney so that he can file it with the court. I am assuming there is a reason why your attorney decided to administer the estate as a supervised administration (as opposed to independent administration).
Answered on Mar 11th, 2014 at 5:09 AM
There are missing facts from your question. Generally, fees and expenses for estate administration are not sent to an "auditor". For actual advice, go and consult with an attorney that actually specializes in estate administration.
Answered on Mar 10th, 2014 at 11:53 AM
Thomas Edward Gates
As the executor, you not the attorney, determines whether a claim is valid.
Answered on Mar 10th, 2014 at 11:51 AM
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Discuss the options with your attorney. Your daughter may need to appeal or sue the Estate. Hard to say, you need to ask your attorney to advise you.
Answered on Mar 10th, 2014 at 11:45 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The actions of the executor of the estate have to eventually be approved by the court. If the attorney did not believe that the court would allow that then he cannot make the distribution you requested.
Answered on Mar 10th, 2014 at 11:36 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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You can discharge the attorney and find a new attorney. The new attorney can review the circumstances and advise you as to whether any additional action is warranted.
Answered on Mar 10th, 2014 at 11:27 AM
There may be state statutes that make this kind of expense unreimbursable. Often care by family members is not reimbursable in the same manner as care provided by a nursing facility or home health aids. Your attorney may not have had a choice in the matter.
Answered on Mar 10th, 2014 at 11:17 AM