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Question DetailsAsked on 5/28/2011

How long should it take to settle an estate?

I was named as a beneficiary in an estate handled by Richard T. Orosz in Painesville, Ohio. My cousin died October 19, 2005. The estate has still not been settled. No one contested it. A house was involved, but it was sold in the end of August 2006. It is now the beginning of May in 2007. Still no word. He sent in the state tax return January 16th, 2007. Originally, he thought it would only take 12 months to settle, then he said it would be done by the end of 2006. Now he's just being very rude and doesn't want to talk to us at all. We can't afford another attorney, and right now, I don't ever want to speak to an attorney of any kind, ever. Any suggestions?

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7 Answers

0
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I understand your frustration, and it may be beneficial to contact an attorney to gain a better understanding of the probate process and confirm that the estate is being handled properly. It is disappointing that this attorney is not communicating with you in the way you would prefer, but you are not his client, and he probably has many other responsibilities to his clients. Getting an attorney of your own could definitely ease your mind and help you determine if there is any remedy other than just to continue to be patient. However, if you cannot afford an attorney, it appears you have no options other than to continue to follow up with the attorney for the estate or to move on with your life and hope that when the estate is settled you receive something from it and that you will have better experiences with attorneys in the future.

Answered 7 years ago by NVCMH

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I also am looking for an attorney to set things up for an elderly person and came to the list. I think this would be a terrific category.
Actually, I was also looking for appraisers, and could only find what seemed to be advertisements
Any advise from anyone in my area would be greatly appreciated

Answered 7 years ago by bestmagnet

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Votes

You'd have to be very careful if you gave an attorney a bad rating; you might get sued.

Answered 7 years ago by blindlemon66

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Votes

BINGO!

Answered 7 years ago by bestmagnet

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When seeking an attorney who specializes in elder law, it's often best to contact the state agency that is mandated to protect seniors.

I live in a state that may be foremost in the legal protection arena, yet "trust estate" legal advisors abound & most use boiler plate verbage that is assessible to us, free of charge. Write a holigraph will, then interview lawyers.

Answered 7 years ago by tessa89

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I have a problem where we just discovered a bunch of stock certificates., many items in bags., and a lost safe deposit box. I want to be able to give everything over to someone that I can trust as this is way over my head. Is it just an estate Atty that I am looking for or something else? I know I could go to Legalzoom.com and print forms but unfortunately time is not on my side. There were many baby bell stocks, bonds etc and if this is not taken care of soon I am really going to be in a mess
Thanks for your time...

Answered 7 years ago by bestmagnet

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Hi Summer & welcome!

I certainly am not an attorney - - I think we've only had posts from a few and they have been wise enough to not dispense legal advice through the internet.

Probate stinks. People need to mourn the loss of a loved one and/or family member and get some closure on their life. Then you run into a process that is cumbersome, full or rules and seems to take forever.

As I understand it, states differ in how they want estates resolved. And, attorneys who deal in probate are usually good (thorough) about making sure that all the i's are dotted and t's crossed.

When you mentioned the person, I presume that is the attorney. Is he the attorney your cousin used to write his will or is he the executor of the estate or the attorney the executor has retained?

I'm sure you and others have to be concerned about how long it is taking to resolve your cousin's matters. Keep in mind that if there was real property (like real estate) and that property was subject to taxes or other annual matters, the fact that it sold late in 2006 and there hasn't been a settlement of the estate could be a matter of timing to let the executor of the estate certify that there are no outstanding obligations for the estate to reolve when his wishes for distribution are honored.

Really, it's going to be hard to get good advice without going to an attorney or a legal group in your area.

What you might consider would be a call to your local bar association. Many of them across the nation have a day or evening each month that they set aside and have attorneys answer questions from the public - - - for free.

If the question indicates a need for more investigation or discussion, they will often provide a referral service to put you in touch with someone who practices in the area of law that your problem is in. No, it isn't a means to corner new customers. I have had the pleasure of dealing with a number of attorneys and others involved in law and their profession prides itself on giving back to the community and promotion of the law as a useful tool to resolved differences. This is just one way that many exercise that giving.

I think you could get peace of mind about where the process is in fairly fast (and inexpensive) fashion with the right help.

Good luck.


Answered 7 years ago by Old Grouch




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