How can we get the property/home transferred to the correct owners so that they can get benefits of owning it? 14 Answers as of May 14, 2014

I am an executor of 2 estates. One estate is my niece and nephew’s father and the other is my nephew’s. Their father died in November 2004. We opened an estate with a family friend lawyer. Before anything was settled, the son of this man died in a motorcycle accident August 2005. We have an estate for a Father, whose heirs were a daughter and a son, then when the son died, the heirs became a daughter and the estate of the son. So to make a long story short: The father had a house. The deed to the property and house were to be transferred to the heirs (daughter and estate of the son). The father's estate was closed without this being done. Then the heirs to the son's estate were, his sister (or the daughter) and then his mother. Thus giving the father's home/property 75% to the daughter and 25% to the mother. Then the son's estate was closed. The property still has not been transferred over to the daughter and the mother. It has been 9 years. They have tried many times to get the lawyer to get this done. He either won't answer the phone calls, won't call any one back or won't answer any emails. At one point the daughter even reported him to the complaint board for lawyers in their state, which at that point the lawyer did respond & wrote up papers assigning the heirs to the property. We assumed he filed this with the State Probate court and the County assessor's office to get the deed transferred. Now another year later we find out it still has not been done! This has been 9 years! We still cannot get the lawyer to call us back or answer our phone calls. We asked the assessor's office if we could just file the papers ourselves, but were told that our papers were copies and that we had to have the original papers form the lawyer. We are at a loss as to how to get this done, now that both estate have been closed and this step has not.

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Christine Sabio Socrates Attorney at Law | Christine Socrates
I do not know how the estate was able to be closed with this transfer being done. I recommend that you speak to an probate attorney directly regarding this matter. There may be issues with probate court here if the estates were closed before the final transfer of the property. They may need to be reopened to do so. I would not wait for the previous attorney to transfer the property if he has not completed this in 9 years. Any attorney can complete this for you. I would be happy to assist you or any other probate attorney in your area can as well.
Answer Applies to: Ohio
Replied: 5/14/2014
Durham Jones & Pinegar | Erven Nelson
You should ask the state bar association to force the former lawyer to pay the fees of the new lawyer.
Answer Applies to: Nevada
Replied: 5/6/2014
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Hire a skilled probate attorney to review the file. The estate may need to be reopened or the orders in the file may be sufficient to transfer the property on their own. Get legal counsel to do this if current counsel is non-responsive.
Answer Applies to: Nevada
Replied: 5/5/2014
Law Offices of Frances Headley | Frances Headley
You should consult a new probate attorney on how to complete this transfer and whether or not you should file a complaint with the State Bar against the original attorney.
Answer Applies to: California
Replied: 5/5/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
The assessor is correct, not their job nor their problem. The order approving the final petition should certainly have included language transferring the property (in lieu of a deed). Beyond that, it's hard to give an intelligent answer without a review of the documents.
Answer Applies to: California
Replied: 5/5/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    At this stage you need to file another complaint against the attorney with the state Bar Association and copy it to both the State Supreme Court and the Probate Court handling each estate. You can also file suit against the attorney for failing to fulfill his duties. And if you have an investigative reporter at a local TV station, you might contact him/her and ask for help.
    Answer Applies to: Nebraska
    Replied: 5/5/2014
    James Law Group
    James Law Group | Christine James
    Show the probate and title documents to an attorney. They can help, for a small fee, transfer the properties. This assumes both probates were properly closed.
    Answer Applies to: California
    Replied: 5/5/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    If the estates were in the State of Florida, an attorney can reopen the estates to transfer the property to the proper owners. If the estates were in another state, you would have to see an attorney in that state to determine what would be the right path to take. Each state has different laws.
    Answer Applies to: Florida
    Replied: 5/5/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Reopen both estates so the representative can transfer the property as required.
    Answer Applies to: Illinois
    Replied: 5/5/2014
    C Page Hamrick Attorney at Law | C Page Hamrick
    Well, fire the lawyer and hire a competent lawyer.
    Answer Applies to: West Virginia
    Replied: 5/5/2014
    Frederick & Frederick PLC | James P Frederick
    You have a complicated situation, but it is not the lawyer who had authority to sign the papers. It may be necessary to reopen the estate, because there is no current authority for the Personal Representative to sign a deed. You can always go back to the attorney grievance board. They will not have much patience with him, at this point.
    Answer Applies to: Michigan
    Replied: 5/2/2014
    Law Offices of George H. Shers | George H. Shers
    Write or e-mail the attorney that if he does not respond within ten business days and get the process started, you will have to report him to the Bar Association again and that you assume they will take stronger action this time. Also state that if you have to hire an attorney or someone else to finish off the probates you will have him charged for the additional charge and seek to have any fees thus far awarded to him reversed. ?Whether or not he responses, see another probate attorney and see what can be done since you can not trust the attorney to handle the probates correctly.
    Answer Applies to: California
    Replied: 5/2/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Obtain the services of a probate trust litigation lawyer to assist you in unraveling this mess. I suspect the lawyer will want a retainer and an hourly fee contract.
    Answer Applies to: California
    Replied: 5/2/2014
    Danville Law Group | Scott Jordan
    Contact a different attorney in the state where the probate was filed and closed. It should not be too difficult to have a new deed drafted.
    Answer Applies to: California
    Replied: 5/2/2014
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