(NGC) -Legal procedure question for you legal types here.

[Gliderjohn]

Myself and four other cousins are named beneficiaries to an estate of an aunt. It is being contested by the descendants of some people that defrauded her. Anyway it has been in the courts here for over seven years and we have won every step of the way but almost three years ago the other side took it to the KS St. Supreme court. After all this time it still appears to be in limbo as the court as neither accepted or rejected the case.
Is this usual or unusual to take this long? The lawyers on both sides appear to be doing well.
GliderJohn

[John A]

I feel for you, my dad had his will set up so that if anyone contested it, my costs would be paid by the estate. That way the contestants would know that if they did win there would be nothing left. Worked beautifully, the ones so inclined backed off quickly, I want to hear what the smart fellers say about your case. Best of luck

[Kent in Upstate NY]

Read "Bleak House" by Dickens. It is all about lawyers draining an estate so that nothing is left. I hope you do better.

[Mr Pootle]

Read "Bleak House" by Dickens. It is all about lawyers draining an estate so that nothing is left. I hope you do better.

Jarndyce v Jarndyce. An inspirational case for all us lawyers.
Is there no application that your lawyers can make to get your case moving? They should be more proactive. Harass them or change them.

[cj750]

I've never practiced in Kansas, so have no idea what passes for normal up there. But I can say that in either Oklahoma or Arkansas, where I do practice, such a wait would be extremely unusual. At the very least, you are entitled to receive an explanation of the delay from your legal representatives, and the options for getting the case off of high center. There may not be any good options, that sometimes happens. But they should at least be able to explain to you why that's the case. If they can't do so to your satisfaction, it would be worth your while to speak to another lawyer experienced in probate in Kansas. Depending on what he or she has to say, you may wish to consider changing counsel. But I'd do so only as a last resort. Being caught between two law firms arguing over a fee is never a good place to be.

[Rough Edge racing]

 My father died in Arizona about 20 years ago..His will mentioned his second wife, me and my sister....My sister's son who was raised by my parents was not mentioned in the will because of family trouble...I asked the estate lawyer if the my sister's grown son could contest the will...The lawyer said NO because he was not mentioned in the will...I believe NY has similar laws....Disclaimer, I am not an attorney or know anything other than I mentioned...

[webmost]

Grandpa  worked his way in this world from the age of six. Went to a school where they paid tuition by building the school, classes under the trees. Stowed away on a ship to New York, where he worked nights baking crackers, daytime magna cum laude at Columbia and Rhodes Scholar. A degree in law and a CPA. Went back home to Puerto Rico, married an orphan, had a boy and a girl, and became a judge on the tax court. Now, imagine a lawyer and accountant and tax judge, native Boriqueno, Byzantine American tax law, on a Spanish island... in a word: mordida. He did well. Plenty cash in the house. Only mistake he ever made in his entire life, he porked his secretary. Grandma lay in the weeds and awaited her chance.

So. Laundered his cash thru his dairy, set his son to run the dairy, daughter married a GI during the war & moved with him to L.A. Retired early. Would sit on the verandah sipping espresso, smoking cigars, and reading a slim leather bound volume of Emerson. White linen suit, Panama hat, the whole deal. Two Mercedes: one black with white leather seats, one white with red leather seats. Liked to drive across the island to the dairy in one or the other, according to his mood, with five grand cash and a pistol in the glove box. Toward the end, he got himself a guru, translated his books to Spanish, visited the ashram in Kali, toured South America preaching Gurutol with Lionized East.

Mom died; then Grandma died. PR is a common property state, where law requires the estate be divided in thirds : one third to the natural heirs in equal proportion, one third to whichever natural heirs the dead said, one third at discretion of the dead. So one sixth went to my mother by law; which, since she was dead, meant to us six grandchildren, plus my one sister had a baby which my parents adopted. The other five sixths all went to the son, my uncle, who blew dairy income on porsches and girlfriends and rum instead of paying taxes.

Lawyers descended like flies on road kill. Key sticky point was the minor adopted infant. Grandpa could not access his bank accounts, could not sell the house, nuthin. No one knows what became of cash stashed in the house. One day he was Don Corleone; next he was an old dodderer with holes in his pants living with his ex-secretary.

I asked Grandpa what was going to happen with all this mess. He said the case would drag out until the lawyers had drained every cent. I asked him whether it was possible to inherit a debt. He said yes. I signed a paper saying no thanks. I watched the whole thing drag out until farm, house, cars, accounts, all were under water. Cousin tried for years to sell the farm to pay the taxes. No dice. The tax man sold it to some connected guy. By this time, the minor adopted baby had grown up a homosexual addict who killed himself.

And lawyers wonder why people despise them.

[Gliderjohn]

Thanks for the responses and thoughts. It has been kind of weird since day one. None of us named are the trustee of the estate, that was given to a friend of my aunt. We can suggest but not really do anything.
GliderJohn

[Triple Jim]

Thanks for the responses and thoughts. It has been kind of weird since day one. None of us named are the trustee of the estate, that was given to a friend of my aunt. We can suggest but not really do anything.
GliderJohn

Do you really mean trustee, or could it be executor?

[Gliderjohn]

Trustee.
GliderJohn

[Triple Jim]

Trustee.
GliderJohn

So the estate was a revocable trust, and upon the death of the original trustee, has become an irrevocable trust?

[charlie b]

Not a lawyer.

You mention people who defrauded her.  What manner?  Did they come up with an alternative will?  Was the fraud something to do with them claiming to be related?  Some other sort of relationship?  Was there some sort of contract for your aunt to provide funds to them or a company/charity?

[Huzo]

Grandpa  worked his way in this world from the age of six.....           ........By this time, the minor adopted baby had grown up a homosexual addict who killed himself.

And lawyers wonder why people despise them.

Jeez !!!!
There's a movie in between all that! Don't say it's based on a true story though, no bugger'll believe it...

[Gliderjohn]

Appreciate the responses. It was a revocable trust. The trustee thing did not go into effect until her death. It is kind of a complicated mess to explain here concerning the fraud part and would take a lot of space to try to explain it all.
The original couple that took advantage of my aunt died shortly after she did. These people's dependents then tried to continue what we considered fraud with the estate. As I stated originally we have won 100% every step of the way but the other side will not give it up. Both sides have now spent hundreds of thousands in legal fees. Only one part of the whole thing (has to do with some real estate) is what is waiting at the state supreme court level. The problem is the rest of the estate cannot be distributed until this is settled. Just wish the court would make some sort of decision.
GliderJohn

[Huzo]

Like sands through the hourglass.....