QUESTION
If I don't like the way the probate lawyer is handling the case, can I fire him?
Asked on Apr 23rd, 2014 on Estate Planning - Nebraska
More details to this question:
My mother never married. I am the only blood child. It's been 3 years since my mom passed.
14 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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Yes, you are not required to keep an attorney if you are not comfortable or not happy with how he is handling your case. You will still be obligated to pay him for the services he had provided.
Answered on May 14th, 2014 at 12:11 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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You can discharge the attorney for any reason, or even for no reason.
Answered on Apr 25th, 2014 at 5:39 PM
Edwin K. Niles
Of course. We don't have slavery any more.
Answered on Apr 25th, 2014 at 5:38 PM
3 Awards
Sure if you are the personal representative. He will still be entitled to fair compensation.
Answered on Apr 25th, 2014 at 5:38 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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There are many issues that can delay closing a probate estate. Even so, the administration of a probate case is supposed to be completed before 3 years have passed. The Court will be anxious to see the estate closed and will assist in moving matters along. If you are the representative of the estate you can retain whatever attorney you choose to assist you in the administration of the estate. If you are not the administrator you can petition the court to remove the present administrator for failure to make progress in the administration of the estate, or possible dereliction of duty or malfeasance. The particular facts will determine the likelihood of success of such a petition but it would probably spur the closing of the estate.
Answered on Apr 25th, 2014 at 5:38 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If you are the Personal Representative, then the lawyer works for you, and you can fire him. If you are not the PR, then you have very little say in this matter.
Answered on Apr 25th, 2014 at 5:38 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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If the lawyer represents you, yes.
Answered on Apr 25th, 2014 at 5:38 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Are you the executor? The executor can fire the lawyer for any reason. Unless your mom was the owner of a business (which can take forever to wrap up), 3 years is excessive.
Answered on Apr 25th, 2014 at 5:38 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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Before you fire the attorney, send him a certified letter asking him to respond to why the estate is not closed even though it has been over three years since your mother died. Tell the attorney you are not happy the way the attorney is handling the estate. See what the attorney's response is prior to making any determination to discharge the attorney. There may be some reason why the attorney cannot close out the estate and that has not been communicated to you.
Answered on Apr 25th, 2014 at 5:38 PM
The estate should have been settled within a year of your mother's death. If you are the executor of the estate, you have the right to fire the attorney if you so choose. If you are not the executor of her estate, you will have to convince the executor to choose another attorney. If he or she refuses to do so, you can petition the probate court to make the change.
Answered on Apr 25th, 2014 at 5:38 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Did you hire him? Then yes, you can.
Answered on Apr 25th, 2014 at 5:38 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes you can fire the lawyer; caution you obtain another lawyer first to substitute the other lawyer out of the case.
Answered on Apr 25th, 2014 at 5:38 PM
Thomas Edward Gates
The estate should have been settled by now. You can discharge your attorney and retain a new one.
Answered on Apr 25th, 2014 at 5:38 PM
2 Awards
Absolutely. There is no reason the situation you have described should take 3 years. Get a new attorney.
Answered on Apr 25th, 2014 at 5:38 PM