Legal Question in Wills and Trusts in Indiana

What can I do about probate lawyer?

My Uncle died March 2006 and I was the sole heir to his estate (uncontested will). His lawyer named himself executor of the estate. The total assets amounted to approx. $400K and the lawyer kept $250K for taxes (2001 & 2005) and his fees. He refused to give an itemized statement for his fees so I had to seek another lawyer... who also could not get anything from him either. I wanted to have an accountant go over the tax issues since my Uncle had an accounting firm who took care of all of his taxes prior to his death so I do not understand how the 2001 taxes were not paid. Also, due to the high fees, the second lawyer felt he might be charging for being the lawyer and the executor of the estate... which he said was not legal. Now, the IRS is trying to bill me for not paying the taxes (2005) the lawyer supposedly kept the money out for. The lawyer refuses to answer or return my calls and never gave me any type of paperwork back for the estate (tax forms, statements, etc). Now the second lawyer has moved from his original location and cannot be found. I am at my wits end and I do not know what to do. Any advice would be helpful... I cannot afford a third attorney now.

Asked on 8/11/08, 1:57 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: What can I do about probate lawyer?

You should contact the Indiana Disciplinary Commisission to complaint about your attorney's conduct. And if this case is pending in probate court, you should ask the court to replace the executor, and order an accounting. Many lawyers might attempt this on a contigency basis. Good luck.

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Answered on 8/11/08, 11:32 am

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