Houston Chronicle

Lawyer’s probate delay inexcusabl­e; seek recourse

- The informatio­n in this

Q: In April 2020, I paid an attorney to have my husband’s will probated. After a few months and not having heard anything from this attorney, I contacted him. He stated that he would try to get me a hearing scheduled in about four or five weeks. Six weeks later I still had not heard a word from him. I contacted him again, and he said he was out of town and would get back to me. In December, I contacted him again, and he said he would have to make a few calls and then he would call me. Nothing has happened since then. What should I do now?

A: You need to request an immediate refund of the money you paid your attorney and find another one who is more qualified and reliable.

It is outrageous that after nine months, he still hasn’t scheduled a probate hearing. In fact, he might not even have filed an Applicatio­n for Probate, which would be inexcusabl­e. A competent estate planning attorney would typically file for probate within a day or two and have a hearing scheduled for a date that is no more than a few weeks out. The entire probate process for a non-taxable estate is usually concluded within a few months.

If your attorney refuses to refund your retainer (and also be sure to ask if he still has your husband’s original will because you will want to get that back as well), then you should file a grievance against him with the State Bar of Texas. That can be

done online at www.texasbar.com.

Q: I am a 76-year old, disabled white man. We lost essentiall­y everything in Hurricane Harvey: our house, its contents and our vehicles. I submitted a claim to the city of Houston’s Homeowners Assistance Program for reimbursem­ent of money used from our savings and my small

IRA to rebuild our house. To date, my claim has been denied two times and I’m preparing a third appeal, which I’m sure will also be denied. Can I file a claim against the HoAP for discrimina­ting against me due to my age, disability and race?

A: You need to make sure you applied to the right program.

The city of Houston has two programs, one called “Homebuyer Assistance Program” and another called “Harvey Homebuyer

Assistance Program.” Both of these programs appear to apply only to persons who are purchasing a home.

The Texas General Land Office has a “Homeowner Assistance Program” which seems more appropriat­e for you. You should either call 866-317-1998 or go to www.recovery.texas.gov to find out if this program is appropriat­e for you.

Suing for discrimina­tion is not a good idea. column is intended to provide a general understand­ing of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstan­ces. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specializa­tion. Email questions to stateyourc­ase @lipmanpc.com

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RONALD LIPMAN

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