Legal Question in Wills and Trusts in California
No communication from attorney
my wife hired an attorney to settle her mothers estate and guide her through probate. She has had no communication from this attorney in six months , all attempts to contact her have failed, email, personal, phone call ,mail have all gone un answered. we have word that she has had some medical problems.
The question we need answered is can she be fired and a new attorney be hired and how do we recover all the paper work related to the estate from the orignial attorney? Help!
3 Answers from Attorneys
Re: No communication from attorney
You are free to hire a new attorney at any time. The old one will likely have some claim to the attorney fee awarded at the end of probate, but this is divided on a quantum meriut, or value/proportion of services rendered. The new attorney may have an easier time getting the file, but if not, can check the court records to see what's been done and not done, and proceed without the file.
Re: No communication from attorney
A client always has the right to change attorneys. Of course, the attorney has the right to be paid for services rendered up to the date when the client terminates the relationship. If your wife signed an agreement with the attorney, there should be specific terms that cover ending the relationship. You have every right to contact a new attorney, explain the situation, and ask that new attorney to assist you with ending the prior agreement, substituting counsel if any proceedings have been filed, and securing the return of your papers and documents. Don't wait too long, as there are time requirements to be met.
Re: No communication from attorney
Looks like the other two attorneys have answered your question. Generally the key is finding a new attorney as quick as possible so you can start the ball rolling again! We do work throughout California and would gladly review your case. You can send me an email at anytime, [email protected] or call me at the office 916-920-5983 or over the weekend on the cell phone, 916-849-6785. Good luck!