Should I take over as executor for my mom and hire a new attorney 6 years into the probate?
Question Details:My uncle passed 6 years ago and my mom is the executor. The lawyer takes $2,500 a year. The $12,000 in bank was taken by the state this summer. Mom asked lawyer to sale land at auction - said OK years ago- now says need a helicopter to survey land for a possible road coming in to split land. Should I hire a new attorney this late? I'm in ID, is this a good idea? My mom and the other cousins are frustrated. The lawyer never seems to follow through. No one can agree. Should I take over as executor? How? AL law is different from ID, what steps do I take?
I am a lawyer in CT and practice in this area of the law. You are certainly entitled to hire a new lawyer and fire this one if you believe that he is not serving your uncle's best interests. Whatever lawyer you hire however, must be licensed to practice in the state that the property is located so that he can attend court hearings and draft necessary legal documents. I suggest that you locate a new lawyer before terminating the current lawyer. If you do not believe that your mom is able to continue to serve as executor you may file papers in court to change the executor. If you are truly frustrated it is probably a good idea to go with your gut and hire a new lawyer to help you.
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