Difficulty Settling an Estate

[happyinky]

My question involves estate proceedings in the state of: Kentucky
My husband and his sibling are sole heirs and co-executors of their parents’ estate, which includes a good amount of property. My husband and I, for the most part, have maintained the property because of our proximity to it. Sibling lives out of state. The estate has been going on for several years without resolution. My husband has talked, many times, with his sibling about resolution of the estate. Sibling unwilling to discuss and continually puts him off in one form of another, and they have had several arguments over the course of time. From every indication, sibling wants to leave everything in joint ownership and even worked with attorney, without husband’s knowledge, to prepare final estate documentation leaving everything as is. The attorney’s office contacted my husband last November and asked him to come in to sign final paperwork, which was a surprise to him, but he went to the office to see what had been prepared. He doesn’t want to sign it as is because sibling continually manipulates situations to their wants rather than a joint decision or compromise. To our knowledge, sibling hasn’t signed either. Attorney sent two letters during the last two months to both asking them to come in and sign or work with him on any changes that need to be made. My husband has intention of talking to sibling again next time they are here, but they haven’t been here in awhile. My questions are: If the attorney tires of sending letters, what are his options? Can the attorney take them to court over the issue? My husband, without going into great detail, has shared with the attorney’s office his difficulty in working with his sibling. Any suggestions on what my husband can do or say in trying to get sibling to a point of compromise and actually getting some decisions made so the estate can be finalized?

[Mr. Knowitall]

Presumably the attorney is charging the estate by the hour for sending letters, so you may find out that the lawyer doesn't get tired of making the effort until the estate runs out of money.

[happyinky]

That was an unexpressed concern I have. Over three years' time the attorney hasn't done much to begin with, but he had his fee amount included in the papers my husband reviewed back in November and it wasn't an insignificant amount, especially for what has been done. Since the attorney is now starting to send letters, I'm thinking he wants to collect that fee. Does he have an option of taking the co-executors to court?

This has been a more than frustrating situation. My husband is trying to salvage what he can in his relationship with his sibling, which is the main reason he has been so long suffering. But apparently the sibling isn't as concerned about my husband's feelings and wishes. It's hard to get someone to move towards compromise when all they can see is what they want. He's caught between a rock and a hard place. Where to go from here?

[cmre3456]

I'm lost. How can this attorney be representing the estate without your permission? Why isn't he representing only your brother since he was hired without your permission? How can he be representing both of you when there is a disagreement? Isn't the brother responsible personally for his bills? Why are you even talking to this lawyer?

I hate to see relatives hire attorneys to settle what families should just be able to work out over a cup of coffee although I realize that it happens all the time. If it was me, I'd get my own attorney and be most distressed in having to do it.