What must I do if the attorney will not turn over assets and keys to the house? 22 Answers as of October 07, 2013

He has already went the house and took pictures and contacted beneficiary's about their inherits. He also set up a paper for appearing before the judge before contacting me. He also wanted to contact an auction company about the house and Property. He has been real pushy about the estate. What must I do? I thought he was a good choice. Until all of this. I signed a paper and his secretary notarized it. Is it too late to get a different attorney to help me out?

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Law Office of William Stoddard | William Stoddard
Your question is unclear. Are you the court appointed executor or just an heir. Have you reviewed the will or the paper work at the court house. Any executor can file an attorney who is failing to do what the executor instructs. The hiring document you say was notarized, did you get a copy. If you were not given a copy, you can move the court to order that it be produced and given to you. No attorney should be doing the things you suggest unless he intends to bill the estate for his time that is what the executor should be doing. A bar complaint may be in order at some point. Mentioning you might have to seek the bar association's help, might get his to reevaluate his actions.
Answer Applies to: Washington
Replied: 10/7/2013
Law Office of Nathan Wagner
Law Office of Nathan Wagner | Nathan J. Wagner
You are the executor or administrator, and you hired this attorney to help you administer the estate. Is that right? If so, you can certainly hire another attorney to replace this one. But to be honest, it does not sound like this attorney is doing anything wrong. He cannot turn over assets until the judge approves how the assets should be distributed to the beneficiaries.
Answer Applies to: California
Replied: 10/3/2013
Candiano Law Office
Candiano Law Office | Charles J. Candiano
1. I have no idea about the facts, nor do I need to know 2. You can discharge your attorney at any time.
Answer Applies to: Illinois
Replied: 10/2/2013
Law Office of Pamela Braynon | Pamela Y. Braynon
First I would like to know who you are and what is your part in this scenario?
Answer Applies to: Florida
Replied: 10/2/2013
Rockhill Pinnick LLP | Jay Rigdon
If you are the personal representative of the estate, he has to listen to you about selling assets, etc. If he doesn't, fire him.
Answer Applies to: Indiana
Replied: 10/2/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    No, its never too late to get another lawyer. Is he acting as administrator, or merely as attorney for the administrator? Are you the admin?
    Answer Applies to: California
    Replied: 10/2/2013
    Donald T. Scher & Associates, P.C.
    Donald T. Scher & Associates, P.C. | Donald Scher
    If you have lost confidence and trust in this attorney, you are free at any time to consult with and/or retain another lawyer. If you are his client, the attorney has a duty to listen to you and carry out your instructions. If you are not his client, then you should retain your own counsel at once.
    Answer Applies to: Arizona
    Replied: 10/2/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    You have the right to substitute another attorney if you wish. If you are using one attorney for estate planning and for personal injury, you probably have not made a good choice.
    Answer Applies to: California
    Replied: 10/2/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Probably not, read your retainer letter. It should set forth what is being done and what is being charged. If unsure, set an appointment to meet with the attorney. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
    Answer Applies to: Nevada
    Replied: 10/2/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    If someone dies, their are 3 ways in which their assets are controlled: 1) a will 2) a trust 3) by the rules of intestacy (dying without a will). If you did not get keys, etc., perhaps it is because you are not a beneficiary or heir under the will or the trust. You can always hire your own lawyer, at your own expense. If you win, you will get your money back.
    Answer Applies to: Michigan
    Replied: 10/1/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Never too late to obtain the service of another probate attorney to advise you and maybe step into the case to represent you do not delay.
    Answer Applies to: California
    Replied: 10/1/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Sounds like he's very efficient and on the ball. However, if you're not comfortable with his actions, first talk to him and set a timetable of actions together. There are statutory deadlines that have to be met in probate and he may be taking those into account as he works on the estate. If after a few more weeks you're still not happy with him, ask him to turn over all of the information and documents he has gathered, pay him for all the services he has provided to date, and find another attorney.
    Answer Applies to: Nebraska
    Replied: 10/1/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You can always fire this attorney and hire another, but he may be doing his job correctly. Is there more than one inheritor? If so, he has an obligation to make the correct distribution to all of them. Are there creditors? Likewise, he must gather the assets of the estate to pay the creditors.
    Answer Applies to: Idaho
    Replied: 10/1/2013
    Christine Sabio Socrates Attorney at Law | Christine Socrates
    You are never obligated to stay with an Attorney if you are not happy with his work or if the relationship is not what you would like it to be. You will be obligated to pay him for any costs or legal fees he has incurred. You have a right to fire an attorney you have hired. I would find a new attorney you would like to work with before firing the previous one. He/she can help you with the transition.
    Answer Applies to: Ohio
    Replied: 10/1/2013
    Danville Law Group | Scott Jordan
    You can always change attorneys. Does the attorney you describe represent you? It sounds as if he is doing his job. However, if you want to consult with a different attorney, you have the right to do so.
    Answer Applies to: California
    Replied: 10/1/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    Are you the one who hired him? Are you the executor?
    Answer Applies to: Texas
    Replied: 10/1/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Who are you and what business is this of yours. If you hired him you can fire him.
    Answer Applies to: North Carolina
    Replied: 10/1/2013
    Henry Lebensbaum | Henry Lebensbaum
    It is never too late or at least get a second opinion.
    Answer Applies to: Massachusetts
    Replied: 10/1/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You could go to another attorney and pay for an office consultation. Other than that, I don't see what your problem is: He has been real pushy, he went to the house, took pictures, contacted the beneficiaries, set up a paper for appearing before the judge and made arrangements for an auction company. Now you are complaining that he is doing his job.
    Answer Applies to: New York
    Replied: 10/1/2013
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    Is he your attorney? Are you the executor? If you hired an attorney you are certainly free to release him and hire a new one. You should pay the attorney for the time that he has accrued to date.
    Answer Applies to: Illinois
    Replied: 10/1/2013
    Frederick & Frederick PLC | James P Frederick
    It is hard to tell, from the limited facts provided. You may or may not be able to change things, at this point. It is also possible that the attorney is doing exactly what he was supposed to do. It sounds like he is taking steps to preserve the value of the estate and its assets.
    Answer Applies to: Michigan
    Replied: 10/1/2013
    James Law Group
    James Law Group | Christine James
    It is not too late to get a different attorney. Do it asap before he gets too far.
    Answer Applies to: California
    Replied: 10/1/2013
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