Shellman Bluff, GA Estate Planning Law Firms & Lawyers

Without knowing a lot more facts about the situation, no one can really answer the question of whether or not $8,000 is an unreasonable amount. It sounds like there may be a need to open at least your husband's mother's estate, and maybe both her estate and his sister's estate. Depending on a whole lot of factors, opening (or re-opening) either of these estates 16 years after the fact could be a LOT of work. If it's a whole lot of work, the fees and costs might easily reach the $8,000 level. Or more. Another thing that can't be told from your post is whether the $8,000 being requested is a retainer amount, where if it isn't all used, the remaining amount will be refunded when the work is completed, or a flat fee. And other factors also include: what state or states will be involved, how experienced is the attorney, are there other issues you aren't describing, who would have been the heirs at the time your husband's mother died and whether all of those people are still living or whether some of them are now also deceased, etc. If your husband isn't comfortable with the fee quoted, he should get a second opinion. However, this forum does not really allow a second opinion to be provided. He'll need to speak to an attorney directly for that. Best wishes to you both.

Yes. Anyone can sue anyone. The question is whether she has a good case. How did you get custody? If custody was through the court you may be able to have that court approve how you spent the money. You need to speak to an attorney. This response is not intended to create an attorney client relationship and is solely based upon the information set forth in the the inquiry.

Beneficiaries of 401K plans have two choices. If your son has not already elected to roll the money over into an inherited IRA, he should be able to take the money out of the plan in the first 5 years following your sister's death and pay not early withdrawal penalty. He will, however, then be required to take out all fund and pay all differed income taxes. If you son is still a minor and was named directly as a beneficiary (as opposed to the beneficiary being a custodial account or trust of which he is the beneficiary) there may be a problem with his receiving the money without a court ordered guardianship, court created trust, or blocked account. You should check with the company about what they will require and work with an attorney to have that set up so that it can receive the funds.