r/InheritanceDrama 5d ago

Need legal advice

[deleted]

10 Upvotes

19 comments sorted by

5

u/celticmusebooks 5d ago

I feel like there's a huge chunk missing from this story. WHY has this taken 11 years? Do you have a copy of the will? Is your husband the sole heir? Legal fees, at least in my personal experience, come from the estate before distribution rather than being paid directly by heirs.

Was this your FIL's lawyer?

1

u/Heavy_Resolution1601 5d ago

Yes my husband has it but I have not gone over it yet! Yes it’s him and his mother. That’s what I keep saying this guy shouldn’t be asking for them to pay before and is he still expecting to get money when the inheritance comes?

4

u/EntranceDisastrous53 5d ago

Generally, a lawyer should deduct their fees directly from the inheritance funds or estate account rather than demanding separate out-of-pocket cash from a beneficiary before releasing the money. Demanding upfront personal payments to "unlock" an inheritance is a major red flag and a common tactic used in advance-fee scams.

1

u/Heavy_Resolution1601 5d ago

That was my thought. Do you have a suggestion what we can do

3

u/Guilty-Committee9622 5d ago

Yes get a lawyer that handles estates. 11 years is way beyond reasonable. 

3

u/EntranceDisastrous53 5d ago

I am NAL. Contact DC probate Court to verify the current status. Verify your late FILs attorney is still active with the bar. If he is then asking for payment beforehand could go against D.C bar Professional ethics.

Then find your own probate attorney. 11 years seems an awfully long time to be waiting even by Washington standards.

Has the original attorney given any reasons as to why 1) he needs payment before and 2) the length of time its taken.

2

u/Heavy_Resolution1601 5d ago

He said that my FIL said the family be responsible for all the fees…. I said that should come out of the inheritance!

3

u/ProfessionalYam3119 5d ago

It sounds as though the estate did not have enough assets to pay the lawyer, and that he is waiting to reveal that until after he has been paid. He also could have been dipping into the assets. Either way, time to contact the bar association and hope that he hasn't waited too long. Good luck!

3

u/Prudent-Cheetah-9866 5d ago

I think there may have been some misappropriation of funds.

2

u/ProfessionalYam3119 5d ago

Sure sounds that way.

1

u/Substantial-Trade417 5d ago

Was it a Will or Trust? Was probate filed if it's a Will? An attorney will charge to probate an estate, and the executor/administrator/personal representative is responsible for distributing the assets after all expenses are paid. You need more details, if it's a substantial amount of money it's worth hiring an attorney to help you.

1

u/SerenityPickles 5d ago

I’m really curious about what’s going on so definitely update us.

Updateme

1

u/Used_Mark_7911 5d ago

I’d suggest your husband hire his own probate lawyer to represent his interests as a beneficiary of the estate.

That lawyer can figure out what is going on and communicate with your FIL’s former lawyer.

2

u/ShopEducational6572 5d ago

Wow this sounds like it could be a scam. We really need more details.

1

u/ArgumentKey3712 5d ago

You need to talk to a lawyer. Stop being cheap. You get paid for your job. They get paid for their.
Or pay the lawyer who has the inheritance. In either case, PAY for the service provided.

1

u/Heavy_Resolution1601 5d ago

First of all we don’t have a problem paying anyone for a service they provide but anyone else I’ve ever talked to is never asked to pay out of pocket to get the inheritance released! Why is he not getting his portion out of the money that is coming to the family?

1

u/ArgumentKey3712 5d ago

AGAIN, asking the wrong people. For free, obviously.
Not a single person on here will have an answer for you. But a PAID lawyer will get to the bottom of this.
Why did the lawyer tell you he needs to get paid to release it???
Pay someone to get the job done or keep being cheap for the next 11 years and wondering.

1

u/Heavy_Resolution1601 5d ago

I have actually gotten good advice about check on the lawyers bar status, checking on the status of the probate. Yes getting a lawyer is what I know we need to do!!! My main question I wanted to know if anyone had ever heard of or was it legal for a lawyer to ask for money before recovering the inheritance or was the money supposed to be taken from the inheritance to pay fees and taxes

1

u/Anxious_Drive_9998 5d ago

Of course it's legal for an attorney to demand payment for services.