Legal Question in Wills and Trusts in California
The attorney I hired for my moms will is terrible, can I relieve them?
My mother reciently passed away and I retained an attorney to help with her estate. This attorney never bothers to give me any updates, send me papers, and it took me three times asking for a copy of the will until I finally got it. I feel as if this attorney has swept me under the rug and does not have time for me. Can I retain another attorney and find myself a new one?
5 Answers from Attorneys
Re: The attorney I hired for my moms will is terrible, can I relieve them?
You most certainly can and you should. Shoddy lawyering hurts us all. For further information, please contact Chris Johnson in our office at
Martin
Re: The attorney I hired for my moms will is terrible, can I relieve them?
Yes you can terminate your relationship with your attorney. Has he started a Probate proceeding or is that still pending. Were you named as executor of the will? What an attorney is able to do depends on his situation in the case. If he represents you as an executor, and therefore the estate, he has certain duties to protect the estate and the beneficiaries. If an attorney represents you as a beneficiary, and someone else is the executor or administrator, he has to be more reactionary.
Re: The attorney I hired for my moms will is terrible, can I relieve them?
You are always free to change lawyers, and the lawyer must give you your file promptly or transfer it to your new attorney, despite what he/she may tell you. The lawyer may also demand fees now, but in most probate actions, fees are approved by the court at the final hearing, so the lawyer will have to wait and make his/her petition for fees then.
Re: The attorney I hired for my moms will is terrible, can I relieve them?
Thank you very much for your question. The main question is whether he represents you (in any of your capacities such as executor) or someone else. If you are the executor or if you personally hired him, you can dismiss him. And quite frankly, you should from what you have said.
If you do decide to retain another attorney, my office is willing to assist you. I have handled estate planning and probate matters since 1993, and will personally make sure that you are fully and continously kept informed each step of the way. If you are interested, please call me at (408) 268-2580 or email me at [email protected].
Re: The attorney I hired for my moms will is terrible, can I relieve them?
You can always fire your attorney.
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