Q: Estate tied up in Michigan due to executor and attorney issues.
My father's estate has been tied up in legal proceedings for 2 years because the opposing attorney frequently cancels court dates without valid reasons. Additionally, my own attorney is unresponsive to calls and emails. The delay is largely due to disputes over IRS checks and farming dividends. The executor, my father's grandson, is attempting to retain all assets despite a trust dictating a different distribution. We've tried, unsuccessfully, to find a new attorney. Is there anything that can be done to expedite the process and address these issues?
A:
You have multiple concerning issues occurring simultaneously with your father's estate. Given the unresponsiveness of your current attorney and the difficulty in securing new representation, you might consider filing a complaint with the Michigan Attorney Grievance Commission regarding your attorney's lack of communication, which constitutes a potential ethical violation. Additionally, you could petition the probate court directly with a "Motion to Show Cause" why the executor should not be removed for breach of fiduciary duty, as executors have a legal obligation to administer the estate according to the trust's terms rather than for personal benefit.
The repeated cancellations by opposing counsel could potentially be addressed through a motion to compel proceedings or by requesting a scheduling conference with the judge to establish firm deadlines. Michigan probate courts have mechanisms to address unreasonable delays, and judges often respond favorably when presented with evidence of deliberate stalling tactics. Documentation of all canceled appearances and unanswered communications will strengthen your position when presenting these issues to the court.
For immediate assistance, consider consulting with your local bar association's lawyer referral service or legal aid organization in Michigan, as they may have resources for complex probate matters. The court might also appoint a special administrator or conservator if convinced the current executor is mismanaging assets or acting contrary to the trust provisions. Remember that while trusts generally avoid probate, trust administration disputes can still be brought before the probate court, and you may have standing to petition for accounting of all distributions and financial transactions related to the estate, potentially exposing any improper handling of IRS checks or farming dividends.
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