Q: I am PR, hired estate atty, been in probate over 2 yrs now as delays continue. Options??
2-3 months at times between responding parties (other 2 parties each with own attys - 3 parties total) communications and status updates. When I inquire ... "I'll let you know when I hear something." 3rd petition for extension has to be filed, again.
A: You may consult with another probate attorney to review the status of the administration and inquire about the possibility of substituting your probate attorney with a new attorney if warranted.
Phillip William Gunthert agrees with this answer
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A: Until and unless another Probate Attorney can review the status of things and what possibly the holdup is after 2 years, it is hard to say. If you are not happy with your attorney, then consideration of a new one would possibly be in order, but that would be extra cost to you for time and review and getting caught up on the case, but a different disposition may help or different view on matters. What is the delay with any assets, accounting, property, property sale, taxes and valuation of assets or transfer of homestead and such. In addition, there could be inquiry into preliminary estate distribution/s. In accordance with the Florida Probate Code, there are options and filings which set forth the powers of a personal representative and which specifically authorizes the personal representative to make a partial distribution, or interim distribution, to beneficiaries. Fla. Stat. § 733.612(26). This and other issues could be looked at or even replacing the PR if they are doing a slow and terrible job or other issues exist.
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