How to Fire Your Probate Lawyer
A probate lawyer is a special type of lawyer who takes care of an estate when someone has passed away. If you do not feel that a probate lawyer is doing an adequate job, you have the right to dismiss them.
- Check with your contract to see how termination can be achieved. Usually this is spelled out in the contract that you signed previously. If you have a balance with the lawyer, swiftly pay them. If you have paid a retainer and it has not been exhausted yet, ensure that you receive a refund of the excess that you have paid.
- Ensure that your probate lawyer is not a trustee of the estate. If they are, you will need to have a judge grant your motion to dismiss the attorney. You will need a good reason to dismiss the lawyer, so make sure that you have documentation to back up your claims. If the court finds your reasons to be invalid, you will have to continue using the services of the probate lawyer.
- Find a new lawyer. You will need a new probate lawyer once you have dismissed your previous one. Consult with your new lawyer before you retain their services and explain your situation. Tell them why you dismissed the previous lawyer and what your expectations for them are.
- Get your case file from your old lawyer. You will need to deliver it to your new attorney so that they know all of the facts up to this point.