QUESTION
What can be done to a lawyer that has not issued a contract to heirs of a will?
Asked on Jun 20th, 2016 on Wills and Probate - New Jersey
More details to this question:
A lawyer was chosen back in March 2016 as a suggestion by an heir because the named executor did not want to perform duties. Since then the lawyer has not given any of the heirs a formal written contract of duties he would perform. He has been contacted many times demanding a written contract and will not return phone calls. The lawyer finally probated will on 6/09/2016 only after a formal letter was issued on 6/08 requesting him to cease services
1 ANSWER
2 Awards
If the lawyer is the executor or administrator of the estate, he or she must send a copy of the will to each of the heirs. If the Executor hired the lawyer to reprsent the executor or the estate, the lawyer still needs to follow the law and send the will to everyone. The lawyer does not have to provide the beneficiaries with a written contract if the executor hired the lawyer. The contract is between the executor and the lawyer. You should probably find another lawyer if it has taken from March to June to probate the will.
Answered on Jun 23rd, 2016 at 5:47 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship