Can I fire an attorney who has mishandled my probate case?
Question Details:The probate attorney was hired to represent my sister and myself. My mother died 20 years ago and my sister was named executor in the will. However she lives out-of-state and never filed the papers. She finally agreed to file and so my husband and I renovated the house. We increased the value and were to be paid out of escrow for our work. She still did not file so attorney told me to do it and finish the work so that the house could be sold. My sister got angry and stopped complying with the attorney's directions. We were supposed to have a court date in 4 days but just found out that because he had mistakes (18) on the papers that he filed, the case will be postponed again. I want to fire him. He has allowed my sister to drag this out for 3 years and he charges by the hour.
I am sorry for all the problems you are having.
First, generally you can fire an attorney at any time. They will, however, have a lien for there fee for work completed. I know that you think that the work done was not very good. The fee can be handled two ways: the old attorney and the new attorney can agree to an amount or the court can set the fee. I would not, however, fire him until you have interviewed attorneys and chosen his replacement.
But, you state that you and your sister are co-executors of the estate. Then you have equal rights regarding the handling of the estate, including the lawyer. Your sister may like him. What then? Well, if you feel that she is not living up to her duties state probate codes generally give you the right to petition the court for her removal. And you may have to go through the court to remove the lawyer as well. What you may have to do in all this is hire an attorney out of your own pocket for the time being to represent you and your interests. Executors that are challenged in any way have the right in most states to be defended using estate funds. Whether or not you are reimbursed will depend on the law in your area. But clearly from what you have written this has gone on for too long and you need to do something to get the matter on track. Good luck.
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