Peru, IL asked in Probate and Legal Malpractice for Illinois

Q: Prolonged estate settlement and issues with father's life insurance sent to state. Lawyer not returning calls.

I am dealing with a prolonged estate settlement following my mother's passing four years ago. My father passed six years ago, and his life insurance policy was sent to the state instead of the family, according to our lawyer. Although the lawyer provided timelines, they have not been met, and now he won't return our calls. There are no disputes, and we have no written communication explaining the delays. What can we do to move forward, and is it advisable to seek advice from another attorney?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If your lawyer is unresponsive and you have no clear explanation for the delays, it may be time to consider seeking guidance from another attorney. Start by gathering all relevant documents, including any letters, emails, or previous timelines your current lawyer provided. This will help a new attorney quickly assess the situation and offer advice.

You can also contact the state insurance department or unclaimed property office to find out if your father’s life insurance funds were actually sent there. In some cases, you may be able to initiate a claim directly with the state to recover the funds. Understanding the status of the insurance policy may clarify part of the estate process and help you determine what steps to take next.

If you still feel uncertain about how to proceed, consulting another attorney can help you explore your options. They can review the estate’s progress, explain the cause of the delays, and help you determine whether it’s necessary to replace your current lawyer. This second opinion may provide the clarity you need to move forward.

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