If I don't like the way the probate lawyer is handling the case, can I fire him? 18 Answers as of May 14, 2014

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

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Christine Sabio Socrates Attorney at Law | Christine Socrates
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
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
Did you hire the attorney? If yes, then in Maryland most likely you may fire him.
Answer Applies to: Maryland
Replied: 4/25/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Of course. We don't have slavery any more.
Answer Applies to: California
Replied: 4/25/2014
Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
If the lawyer represents you, yes.
Answer Applies to: Illinois
Replied: 4/25/2014
Law Offices of Robert Beatson II | Robert Beatson II
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: 4/25/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    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: 4/25/2014
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    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: 4/25/2014
    Gates' Law, PLLC | Thomas E. Gates
    The estate should have been settled by now. You can discharge your attorney and retain a new one.
    Answer Applies to: Washington
    Replied: 4/25/2014
    Frederick & Frederick PLC | James P Frederick
    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: 4/25/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Sure if you are the personal representative. He will still be entitled to fair compensation.
    Answer Applies to: Nevada
    Replied: 4/25/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Did you hire him? Then yes, you can.
    Answer Applies to: Idaho
    Replied: 4/25/2014
    Ronald K. Nims LLC | Ronald K. Nims
    Are you the executor? The executor can fire the lawyer for any reason. Unless your mom was the owner of a business (which can take forever to wrap up), 3 years is excessive.
    Answer Applies to: Ohio
    Replied: 4/25/2014
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    I'm not sure why it's taking so long, but there may be valid reasons for the delay. You can get another lawyer, at least take your stuff to another attorney to review.
    Answer Applies to: California
    Replied: 4/25/2014
    James Law Group
    James Law Group | Christine James
    Absolutely. There is no reason the situation you have described should take 3 years. Get a new attorney.
    Answer Applies to: California
    Replied: 4/25/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    There are many issues that can delay closing a probate estate. Even so, the administration of a probate case is supposed to be completed before 3 years have passed. The Court will be anxious to see the estate closed and will assist in moving matters along. If you are the representative of the estate you can retain whatever attorney you choose to assist you in the administration of the estate. If you are not the administrator you can petition the court to remove the present administrator for failure to make progress in the administration of the estate, or possible dereliction of duty or malfeasance. The particular facts will determine the likelihood of success of such a petition but it would probably spur the closing of the estate.
    Answer Applies to: Illinois
    Replied: 4/25/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Of course you can fire him. Look at your retention agreement to make sure there are no contingencies though.
    Answer Applies to: Florida
    Replied: 4/25/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    The estate should have been settled within a year of your mother's death. If you are the executor of the estate, you have the right to fire the attorney if you so choose. If you are not the executor of her estate, you will have to convince the executor to choose another attorney. If he or she refuses to do so, you can petition the probate court to make the change.
    Answer Applies to: Nebraska
    Replied: 4/25/2014
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney