Q: What happens if a will was probated but never closed out by lawyer Approximately $60k in account, 3 heirs?
Father passed 2 1/2 yrs. ago. 4 children, he cut 1 out of will 2 yrs before death as he found out he had taken a lof of money over the years. Will probated, all bills paid, real estate sold, $60k left in estate. The 1 child contested the will & also would not move out of a house owned by the estate or pay rent, taxes or insurance. Took almost 2 yrs to have court evict him & awarded estate back rent/expenses. He owes the estate more than what he would have gained if estate was split 4 ways. He has not paid is lawyer. Our lawyer says that he has been told that the other lawyer will be dropping his representation. Nothing done yet. Very frustrated. Can we petition the court ourselves to have the Judge make a decision. Court "proved the will" sometime ago, we have spent a lot of money on lawyers but cannot seem to get this closed. Makes no sense.
A:
So, the Estate is open because it has a claim against the brother which it is having a hard time collecting.
Why not have one or more of the 3 heirs buy the claim.for a deep discount.
Then estate can be closed..
Whoever buys the claim can then try to collect in a separate suit.
Of course, the brother could file bankruptcy.
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