Trying to Get Ruling on Motion

[LooseyGooseyFarm]

My question involves estate proceedings in the state of: Kentucky

For four+ years, I’ve been trying to settle parents’ estate with sibling as co-executor. After much effort, we had mediation and reached an agreement. Even though the agreement is signed, I haven’t been able to get sibling to finish the estate. Now I’ve filed a motion to enforce agreement and appoint a receiver. Sibling didn’t show at first hearing and their attorney asked for a delay. Next hearing is scheduled and we found out tonight their attorney is withdrawing representation and my attorney feels judge will delay another 30 days to get another attorney. Is four years not enough? This type of behavior is why I had to file a motion. Can I oppose another thirty days? What are my rights when dealing with someone who continually won’t respond to any kind of attempts to get this done.

[Mr. Knowitall]

The motion hasn't been pending for four years. It's been pending for... a month?

At this point your attorney doesn't know either what the co-executor will request, or what the judge will permit - he's making an educated guess. He's also implicitly advising you that whatever he says in court, the court is likely to grant a continuance to allow your co-executor to find a new lawyer, so that there's no advantage in opposing it while it risks making him and/or you look bad to the court. If you want to know his actual rationale, though, you will have to ask him.

I expect that the judge will ultimately agree with you that it's time to wrap things up - but that doesn't mean the judge will force your co-executor to proceed to a hearing with no lawyer.

[LooseyGooseyFarm]

Thank you Mr. Knowitall. It appears the judge is going to side with the motion. Appreciate your response.