QUESTION
Can I remove a probate attorney from an estate if I am the successor of trustee?
Asked on Aug 13th, 2013 on Estate Planning - Washington
13 ANSWERS
Yes, he works for you. You can fire him at any time.
Answered on Aug 20th, 2013 at 9:40 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you control the trust or the estate, sure, that is normally within your authority.
Answered on Aug 20th, 2013 at 9:40 PM
The way to determine your options in this case is to take all documents to an attorney specializing in probate matters for assistance.
Answered on Aug 20th, 2013 at 9:40 PM
3 Awards
No, that would be the decision of the executor. Are you the court appointed executor? If so, you may fire the estate attorney absent a provision in the Will or letter of the Testator stating otherwise. Still you could seek authority in court, if there is a written requirement that the attorney be the estate attorney.
Answered on Aug 20th, 2013 at 9:40 PM
The probate attorney is the employee of the executor/administrator and only that person or the court could remove the attorney.
Answered on Aug 20th, 2013 at 9:40 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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A successor trustee has no duties in a probate estate; in Oregon, the personal representative hires an attorney, and that attorney represents the PR. Only the PR can fire him.
Answered on Aug 20th, 2013 at 9:40 PM
2 Awards
Your question is not clear. If you are trustee why do you have a probate attorney? If the attorney is the estate attorney assisting with the trust administration and you don't want to work with that attorney anymore, yes you can fire them. If there is a probate it depends on the circumstances but generally you are not obligated to work with an attorney and can fire them, they will be entitled to compensation for the work they did. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum. The content of this message is protected by attorney-client privilege.
Answered on Aug 20th, 2013 at 9:40 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Not unless the trustee is also the personal representative. Otherwise, you have no say in this matter.
Answered on Aug 20th, 2013 at 9:40 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes you can; may require a petition to probate court and agreement of all of the beneficiaries, if the attorney won't voluntarily sign off.
Answered on Aug 20th, 2013 at 9:40 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will have to file a motion to remove the personal representative. It will be up to the judge to make the decision.
Answered on Aug 20th, 2013 at 9:40 PM
Thomas Edward Gates
The Executor is in charge of probating the estate and all matters related to it. The Trustee handles all matters related to the Trust.
Answered on Aug 20th, 2013 at 9:40 PM
Probate Attorney serving East Greenwich, RI
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Kristen Carron, LLC
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Generally, no. As the successor trustee you probably will not have the ability to remove the attorney. However, if you are also a beneficiary of the trust and suspect or have evidence that the attorney has committed some type of misconduct, then you could petition the probate court and make the court away of what is going on.
Answered on Aug 20th, 2013 at 9:40 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Trustee is of a trust, not an estate. If successor Executor you can fire him.
Answered on Aug 20th, 2013 at 9:40 PM