Money F@#K Attorneys - A cautionary tale. - Page 2

**mikeyis4dcats.** · 03-05-2015, 09:10 AM

This is the story about how my parents lost a $500,000 inheritance through no fault of their own.

My grandmother (RIP) had a boyfriend of over 20 years. They'd have ben married but for the impact on social security and all that. My grandmother died in 2010, and her boyfriend lived on. For the last 4 years my parents took care of him as blood after Grandma died. They shuttled him to the VA for all his appointments, cooked for him, did anything that was needed. In 2012 his health deteriorated and he went into the hospital and it looked grim. The tough SOB gutted it out and pulled through. At that time it was determined that he could no longer live alone in rural Douglas County, so my parents spend a good sum of money and turned part of their basement into an apartment for him. He thrived and his health improved.

He had been a bachelor and had no children, only distant cousins and nephews who ignored him and did nothing to aid. He told my parents numerous times that he was so blessed to have them to take care of him. For the last 2 years he lived in their home, rent free, and they fed him, provided for him. All along he made it known that his entire estate would be theirs, including several valuable antique autos and tons of other assets.

Sadly in August of last year, he passed away in my mothers arms after having a stroke. My parents were executors and sole heirs to his estate. They entrusted the small town attorney that had drafted his will to handle the probate. Over the ensuing months my family and parents (who are in their 70s themselves) have worked hundreds of hours to clean and organize his home as he was a hoarder. We hauled off over 20 tons of trash from the home, tirelessly combing the contents for anything of value to put in an auction. We didn't get to the numerous outbuildings before winter, which are chock full of antique autos and parts.

Early estimates from trusted experts and auctioneer placed the conservative value at $400-500k at auction, which was to be held this spring.

Over the past 6 months my parents have contact the attorney numerous times and were assured everything was being handled. They took a month long vacation to Florida in February to get some relaxation time before my wife and I's second child arrives tomorrow.

They hadn't heard from the attorney all month long, and the estimated 6 months of probate was up. Finally after not getting any kind of response again, my mother became concerned. She contacted the county clerk and inquired as to when the date was set for the execution of the probate and was told nothing had been filed.

For 6 months the attorney assured my trusting parents that it was being handled. She strung them along, ultimately lying to them on Wednesday about being in court all day and unavailable. My parents drove to the small town on a whim and stopped at her office. No answer to the knocking. They left and drove around the block, and the attorney came out to leave. My parents confronted her and she confessed that in 6 months she had neglected to file the will with the county. Something that takes a matter of a few hours work. There is a 6 month limit to do so after death. The will is invalid, and the estate will revert to the same distant heirs which ignored this man his entire 90 years of life.

A second attorney consulted yesterday believes my parents can get reimbursed by the estate for any expenses they incurred while acting in good faith as executors. They have paid out thousands in utility bills and maintenance on the property, in cleaning it up for sale, in travel expenses.

The attorney is a one-person office. No malpractice insurance. Probably not a dime to their name.

So the moral of the story is, don't just TRUST that someone is acting professionally on your behalf. Demand to see hard proof that action is being taken and that you are being served by those you are paying to act on your behalf. My parents appear to have ZERO recourse for what was done to them.

My stomach is in knots. I feel badly for my parents. They have pensions and live comfortably, but this could have provided them with added security. They had also indicated of course that my sister and I would receive a substantial amount of this as inheritance, which was going to essentially pay for my childrens education. Now, that is not going to happen.

TL;DR. **** attorneys. My poor parents. FML.

**Fire Me Boy!** · 03-05-2015, 09:38 AM

Quote:

Originally Posted by Prison Bitch

Sounds like she lived in sin with this guy.

As for your parents they didn't get $$$ reward but the got the satisfaction of being good people to someone in need. Who otherwise would've been in a bad spot. Their reward is satisfaction of knowing that.

Satisfaction and a $1 would get them a Snickers. Satisfaction and $500K would get them that many more Snickers.

**mikeyis4dcats.** · 03-05-2015, 09:39 AM

Quote:

Originally Posted by Amnorix

I'm truly very, very sorry to hear that.

First, engage a real attorney. The new one can help you make an application against the estate for the costs incurred on behalf of the estate.

The pathetic POS attorney you previously had probably won't have enough $$ to bring a malpractice claim, but you should still file a complaint with whatever organization in your state regulates the bar so she can, hopefully, be appropriately sanctioned and potentially disbarred (especially if this is not her first offense).

I know that at least some states have funds that can be used to compensate victims of lawyer fraud. Not something I'm terribly familiar with, but a competent attorney in your state should be aware of whether something like that exists.

My own rant, which won't help you one damn bit: THERE ARE TOO MANY ****ING LAW SCHOOLS GRADUATING TOO MANY MEDIOCRE ****ING ATTORNEYS WHO SPEND THEIR TIME BEING ****ING INCOMPETENT AND MAKING THE REST OF US LOOK BAD.

well she is a KU law school grad from 1983. So there is that.

Amnorix · 03-05-2015, 09:39 AM

Quote:

Originally Posted by mikeyis4dcats.

no malpractice insurance.

double edge sword - if she gets disbarred as she ought to be, there goes any income source.

I wouldn't pay for a malpractice claim to be brought. If you can find someone to take it on contingency, do that. Otherwise you just risk doubling down on spending money for no pot of gold.

Katipan · 03-05-2015, 09:39 AM

My attorney is a very very very small town attorney. However he used to be the county attorney and spent a good portion of his first years in that role (20 years ago) putting my ex-psycho in jail. He's also a man.

So it worked really well for me.

**Lzen** · 03-05-2015, 09:39 AM

Quote:

Originally Posted by TribalElder

My attorney has saved my ass so many times

Get a good lawyer bro

Honestly, I have always had a pretty low opinion of lawyers. And I have only had to use an attorney once. This guy at least changed my view a bit. During the weeks leading up to the court date, we weren't sure this guy was doing enough. But I'll tell ya what, on the day of the court date, he pulled some new evidence. And he really shined in court. Showed the judge that the police officer was a lying sack of shit. Worth every penny.

**mikeyis4dcats.** · 03-05-2015, 09:39 AM

Quote:

Originally Posted by Prison Bitch

Sounds like she lived in sin with this guy.

As for your parents they didn't get $$$ reward but the got the satisfaction of being good people to someone in need. Who otherwise would've been in a bad spot. Their reward is satisfaction of knowing that.

**** off asshole.

Prison Bitch · 03-05-2015, 09:40 AM

Disbarred? For that? Lol.

Amnorix · 03-05-2015, 09:41 AM

Quote:

Originally Posted by mikeyis4dcats.

well she is a KU law school grad from 1983. So there is that.

I'm pretty darn surprised. Usually this degree of incompetence is only by younger attorneys.

She may have assets. Lookup records at the county of deeds and see if she owns any real estate. You'll need to figure out the fair market value of those properties and if they have mortages, but someone practicing law for 30+ years shouldn't be shit broke.

(then again, she already proved that she's a ****ing idiot, so...)

**Lzen** · 03-05-2015, 09:43 AM

Quote:

Originally Posted by Prison Bitch

Disbarred? For that? Lol.

For fraud or at the very least, incompetence? Yes. Why not?

Amnorix · 03-05-2015, 09:44 AM

Quote:

Originally Posted by mikeyis4dcats.

He said they might hope to recover south of a $100k for reimbursement of executor expenses, and perhaps some funds from a state fund for people screwed over by lawyers, but that is also slight.

The reimbursement of expenses should ABSOLUTELY be recoverable, including reasonable value of time worked cleaning out his place, etc.

That money is worth chasing.

The state fund -- put in a claim and see where it goes. Not sure you even need a lawyer at $250/hour or whatever to help with that.

**mikeyis4dcats.** · 03-05-2015, 09:46 AM

The real kicker is my mother spoke to her the day before they left for Florida and remided her of that vacation so she would be sure to schedule any court date necessary for March. At that point she still had 8 days to spend less than 4 hours to file the will with the county and start the process that she assured my parents had been underway for months.

Prison Bitch · 03-05-2015, 09:48 AM

Quote:

Originally Posted by Lzen

For fraud or at the very least, incompetence? Yes. Why not?

Because lawyers aren't (to my knowledge ) disbarred for negligence, only for intentional fraud or lawlessness. Seems like this gal can just claim Mikey's folks weren't clear with their directions, weren't responsive to her, ad were even out of town during some of the time.

Proving she was intentionally fraudulent = impossible.

Willie Lanier · 03-05-2015, 09:49 AM

Quote:

Originally Posted by TribalElder

My attorney has saved my ass so many times

Get a good lawyer bro

Better call Saul

Skyy God · 03-05-2015, 09:51 AM

That attorney is 100% wrong, and your parents should have a conversation with her regarding restitution.

That said, they should have discussed the whole filing the will to initiate the probate process. If the attorney was in danger of missing the SOL, they should have fired her.

**mikeyis4dcats.** · 03-05-2015, 09:53 AM

Quote:

Originally Posted by Prison Bitch

Because lawyers aren't (to my knowledge ) disbarred for negligence, only for intentional fraud or lawlessness. Seems like this gal can just claim Mikey's folks weren't clear with their directions, weren't responsive to her, ad were even out of town during some of the time.

Proving she was intentionally fraudulent = impossible.

Aside from the letter she sent my parents accepting all responsibility for her lack of action. And all the emails from her stating things were being handled.

IANAL but once you start telling your clients lies about what has or has not been done on their behalf that constitutes fraud, beyond negligence. Negligence is forgetting to file it. Fraud is continuing to not file it but infer that it has been for months on end.

Anyways, after some research the state fund will not pay out for malpractice or negligence. Only to remiburse funds misappropriated or stolen by an attorney.

03-05-2015, 09:10 AM
mikeyis4dcats. Scarlett Johansson's boytoy Join Date: Nov 2006 Casino cash: $9555998	F@#K Attorneys - A cautionary tale. This is the story about how my parents lost a $500,000 inheritance through no fault of their own. My grandmother (RIP) had a boyfriend of over 20 years. They'd have ben married but for the impact on social security and all that. My grandmother died in 2010, and her boyfriend lived on. For the last 4 years my parents took care of him as blood after Grandma died. They shuttled him to the VA for all his appointments, cooked for him, did anything that was needed. In 2012 his health deteriorated and he went into the hospital and it looked grim. The tough SOB gutted it out and pulled through. At that time it was determined that he could no longer live alone in rural Douglas County, so my parents spend a good sum of money and turned part of their basement into an apartment for him. He thrived and his health improved. He had been a bachelor and had no children, only distant cousins and nephews who ignored him and did nothing to aid. He told my parents numerous times that he was so blessed to have them to take care of him. For the last 2 years he lived in their home, rent free, and they fed him, provided for him. All along he made it known that his entire estate would be theirs, including several valuable antique autos and tons of other assets. Sadly in August of last year, he passed away in my mothers arms after having a stroke. My parents were executors and sole heirs to his estate. They entrusted the small town attorney that had drafted his will to handle the probate. Over the ensuing months my family and parents (who are in their 70s themselves) have worked hundreds of hours to clean and organize his home as he was a hoarder. We hauled off over 20 tons of trash from the home, tirelessly combing the contents for anything of value to put in an auction. We didn't get to the numerous outbuildings before winter, which are chock full of antique autos and parts. Early estimates from trusted experts and auctioneer placed the conservative value at $400-500k at auction, which was to be held this spring. Over the past 6 months my parents have contact the attorney numerous times and were assured everything was being handled. They took a month long vacation to Florida in February to get some relaxation time before my wife and I's second child arrives tomorrow. They hadn't heard from the attorney all month long, and the estimated 6 months of probate was up. Finally after not getting any kind of response again, my mother became concerned. She contacted the county clerk and inquired as to when the date was set for the execution of the probate and was told nothing had been filed. For 6 months the attorney assured my trusting parents that it was being handled. She strung them along, ultimately lying to them on Wednesday about being in court all day and unavailable. My parents drove to the small town on a whim and stopped at her office. No answer to the knocking. They left and drove around the block, and the attorney came out to leave. My parents confronted her and she confessed that in 6 months she had neglected to file the will with the county. Something that takes a matter of a few hours work. There is a 6 month limit to do so after death. The will is invalid, and the estate will revert to the same distant heirs which ignored this man his entire 90 years of life. A second attorney consulted yesterday believes my parents can get reimbursed by the estate for any expenses they incurred while acting in good faith as executors. They have paid out thousands in utility bills and maintenance on the property, in cleaning it up for sale, in travel expenses. The attorney is a one-person office. No malpractice insurance. Probably not a dime to their name. So the moral of the story is, don't just TRUST that someone is acting professionally on your behalf. Demand to see hard proof that action is being taken and that you are being served by those you are paying to act on your behalf. My parents appear to have ZERO recourse for what was done to them. My stomach is in knots. I feel badly for my parents. They have pensions and live comfortably, but this could have provided them with added security. They had also indicated of course that my sister and I would receive a substantial amount of this as inheritance, which was going to essentially pay for my childrens education. Now, that is not going to happen. TL;DR. **** attorneys. My poor parents. FML.
Posts: 12,526

03-05-2015, 09:39 AM	#19
Katipan MER Join Date: Oct 2003 Location: Colorado Casino cash: $2320351	My attorney is a very very very small town attorney. However he used to be the county attorney and spent a good portion of his first years in that role (20 years ago) putting my ex-psycho in jail. He's also a man. So it worked really well for me. __________________ "Loving him is red."
Posts: 22,980

03-05-2015, 09:40 AM	#22
Prison Bitch Rabbi Goldmann Join Date: Nov 2012 Casino cash: $5450159	Disbarred? For that? Lol.
Posts: 87,025

03-05-2015, 09:46 AM	#26
mikeyis4dcats. Scarlett Johansson's boytoy Join Date: Nov 2006 Casino cash: $9555998	The real kicker is my mother spoke to her the day before they left for Florida and remided her of that vacation so she would be sure to schedule any court date necessary for March. At that point she still had 8 days to spend less than 4 hours to file the will with the county and start the process that she assured my parents had been underway for months. __________________
Posts: 12,526

03-05-2015, 09:51 AM	#29
Skyy God 11-5, baby Join Date: Sep 2005 Location: Livin the dream Casino cash: $2191557	That attorney is 100% wrong, and your parents should have a conversation with her regarding restitution. That said, they should have discussed the whole filing the will to initiate the probate process. If the attorney was in danger of missing the SOL, they should have fired her.
Posts: 22,416