Lawyer’s probate delay inexcusable; seek recourse
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