Legal Question in Wills and Trusts in Indiana
If I am head of my fathers estate and the attorney that I hired is not doing anything that I ask of him and doing things I specifically ask him not to but charging for said services, can I legally fire him? He told me that he is not "my" attorney but the attorney of the estate, is this true?
2 Answers from Attorneys
If you are the personal representative, you hire the attorney for the estate, and can fire them. If this is a trust and not an estate (the way you said "head of the estate" raises this question in my mind), then the trust instrument may control. As long as he is attorney, he may have things he has to do for the estate regardless of whether you say it has to be done.
First, you can fire him regardless of him being paid or not. Second, he cannot be the attorney for the estate, because the is just property. He is either your attorney or he is not.
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