QUESTION
Can I change my probate/estate lawyer because of neglect of our case?
Asked on Jul 02nd, 2013 on Wills and Probate - New Jersey
More details to this question:
I am the executor of my father's estate. I have had a lawyer working on the estate for over a year. After filing probate at the Morris County NJ courthouse, he has essentially disappeared. We have still not filed anything with the state, even letters to beneficiaries have not be mailed. I know he is not working on our case. I would like to change lawyers but don't know if that presents any legal complications. I believe he has filed an extension with the state of NJ. I only get excuses as to why work is not being done. It is very frustrating, essentially no activity for 14 months now.
1 ANSWER
2 Awards
This will not present any legal implications because if you are the executor, the lawyer is representing you, not the estate. Send a written letter asking for all of your documents back, if he has any, and then either hire a new lawyer to help you or do the adminstration yourself. Send a letter, certified mail, indicating that you are terminating his representation of you, and you want your file back.
Answered on Jul 29th, 2013 at 12:45 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship