Legal Question in Wills and Trusts in California
Probate attorney has abandoned
My probate attorney has abandoned me, and his practice. His phone has been disconnected. There has been no contact from him since August despite a myriad of attempts. I sent him a registered dismissal letter 6 weeks ago, mailed by a disinterested party. The only things left to file for the small probate (consists of 2 bank accounts only) are the petition and the order for final distribution. Can I file this myself pro se or do I need to have the missing attorney formally removed? I am the executor as well as personal representative for the estate. A trust is the beneficiary of the estate. I am in Los Angeles County. Thank you very much.
2 Answers from Attorneys
Re: Probate attorney has abandoned
I could substitute in and file final documents. Contact me directly.
Re: Probate attorney has abandoned
Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting. I am sorry to hear about your rather severe problems with your probate attorney and I know that can be extremely frustrating.
The answer to your question is that any new attorney that comes into the case can handle this, and substitution of attorney automatically means that the former attorney is removed. (Currently, despite your letter, the other attorney would be "attorney of record" for all purposes). I can't answer whether or not you can handle this pro se without knowing how comfortable you are with legal proceedings, other than to say that it's generally a good idea not to represent yourself in any case, and the court will discourage you from doing so.
I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at rmiller[at]expertlawfirm.com. It's my pleasure to help in any way that I can. Thank you.
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