If I don't like the way the probate lawyer is handling the case, can I fire him? - Estate Planning Law Questions and Answers- LawQA.com

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If I don't like the way the probate lawyer is handling the case, can I fire him?

My mother never married. I am the only blood child. It's been 3 years since my mom passed.


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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.

Answer Applies to: Ohio
Replied: 5/14/2014

Answer By Sean P. O'Keefe
O'Keefe Legal Services, L.L.C.
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Did you hire the attorney? If yes, then in Maryland most likely you may fire him.

Answer Applies to: Maryland
Replied: 4/25/2014

Answer By Edwin K. Niles

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Of course. We don't have slavery any more.

Answer Applies to: California
Replied: 4/24/2014


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If the lawyer represents you, yes.

Answer Applies to: Illinois
Replied: 4/24/2014


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A Personal Representative/Executor of an Estate has the right under MD law to terminate the Estate attorney and to question/correct the administration of the Estate and associated accounting and/or tax reports. Further information needs to be developed in connection with such action. There are a number of fact-specific issues under MD law that need to be carefully worked through concerning the Estate and the administration of the Estate. An experienced trusts and estates attorney should be able to handle this under MD law. Please note that my legal services are available only with a signed engagement agreement in accordance with the Maryland Rules of Professional Conduct applicable to attorneys licensed in the state of MD. If I can be of any help to you, contact my offices as I would be pleased to provide legal/tax support.

Answer Applies to: Maryland
Replied: 4/24/2014

Answer By Victor Waid
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.

Answer Applies to: California
Replied: 4/24/2014


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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.

Answer Applies to: Missouri
Replied: 4/24/2014

Answer By Thomas E. Gates

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The estate should have been settled by now. You can discharge your attorney and retain a new one.

Answer Applies to: Washington
Replied: 4/24/2014


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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.

Answer Applies to: Michigan
Replied: 4/24/2014

Answer By Dara Goldsmith
Goldsmith & Guymon
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Sure if you are the personal representative. He will still be entitled to fair compensation.

Answer Applies to: Nevada
Replied: 4/24/2014

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