The opposing party's attorney concerning my father's estate will not return calls or emails, nor will close the estate.

Question

This has been in court for five years with no activity for the past two. He received all the money from all my father's accounts years ago. It's hard to believe he has not distributed the money to his clients when years prior he spoke in court of his client having to wait too long to receive the money. What should I do?

Anthony M. Avery · Answer

Hire an attorney to represent your interests.  Move for a distribution of estate assets to beneficiaries.   Get an Order and ask for contempt if no compliance.    A board complaint may be in order also.

Jennifer Setters · Answer

Under circumstances such as these, in which an opposing counsel is unreachable and the estate has been motionless for a protracted period, you can handle the matter in numerous ways. Every case is unique, hence it is imperative to see an attorney knowledgeable about probate law. Here are some likely behaviors: 
 
See your attorney. If you do not now have one, you should consult your own attorney—especially one who specializes in probate or estate law. Based on the particulars of your case, they can counsel you on the best course of action including whether the opposing attorney is breaching any ethical or legal duties. 
 
File a motion in court to force the other attorney to act; you might also have to file a motion with the probate court. Given there has been no movement for two years, this could include a motion to close the estate or divide the assets. Your attorney can help you decide how to forward this legal action. 
 
Ask the estate for an accounting if the distribution of the assets has been noticeably slow. This is a legal procedure whereby the executor or attorney handling the estate must furnish comprehensive information on the assets, liabilities, and any distributions made. This will help ascertain whether money has been mismanaged. 
 
Should the behavior of the opposing attorney be unethical—that is, if they neglect to reply to correspondence or needlessly postpone the estate's closing—you might want to think about formally complaining to the state bar association. Should the attorney be breaching professional obligations, the bar can look at possible misconduct and hold them liable. 
 
In some situations, should the present process prove to be unduly prolonged, the court may replace the executor or mandate the division of assets. Should it be required, your attorney can assist you in requesting that the court act. 
 
Every estate case has unique characteristics; thus, it is advisable to deal with an attorney who can check the specifics and apply the necessary legal actions to settle the issue.

Q: The opposing party's attorney concerning my father's estate will not return calls or emails, nor will close the estate.