The lawyer handling the estate of my late mother in law has done very little and has not filed the list of assets to have the will placed into probate. She dies last July 19th and very little has bee done. If my husband fires him & hires a new lawyer do we have to start all over again? A list of interested person has been filed as well as the nominal bond for the personal representative.
3 Answers from Attorneys
It all depends on what he's done. If the attorney filed certain documents in probate court, new counsel can start from that point. Nevertheless, research and review must be performed. Indeed, if the attorney has not performed his duties, you may want a new attorney to start from scratch to protect your interest. and the interest of other beneficiaries
Before firing the attorney, you may want to talk with him to discuss your disapproval of his job performance.
ALSO LICENSED IN MARYLAND AND PRACTICING IN THE BALTIMORE METRO AREA AND THE DC/MARYLAND SUBURBS.
First and foremost you should give current counsel the courtesy of a telephone call as he may have undertaken more representation than you are aware of. Also are there circumstances that you are unaware of?: Who is the personal representative here, your husband or the attorney?
To discharge an attorney once they have entered their appearance, the current attorney will need to be discharged and he will need to file a Motion To Strike Appearance. New Counsel should also enter their appearance.
New counsel will not start over. The estate is already open and the Orphans' Court will not close it and then re-open it open. That is not the way Court systems work.
But new Counsel will need to review the Court file, make sure everything that is on file is correct, and pick up from the wherever the original attorney "dropped the ball" so to speak. If you need further assistance please fell to free to telephone me at 443-901-1333
Suggest you contact the Register of Wills for the County in which probate is being administerd and that you contact the existing Estate attorney to see what has/has not been done to date by him/her. If you are still unsatisfied/unclear as to what has/has not been done to date, then I suggest you talk to an attorney who handles Federal/MD estate planning/probate and Federal/MD taxation matters. Information will need to be assembled and carefully reviewed for a proper analysis and estate distribution plan to be implemented, tax returns filed, etc. An experienced estate/tax attorney in MD should be able to handle this type of matter and to protect the interests of the client. Please note that, in accordance with the MD Code of Professional Responsibility for Attorneys, a signed engagement letter is necessary in order to engage my legal services. If I can be of any help to you or people you know, contact me as I would be pleased to provide legal/tax support.
Robert Beatson II, 7-3-2010, 12:25 a.m. EST
Law Offices of Robert Beatson II, 9818 Glynshire Way, Potomac, MD 20854
Email: [email protected]
Practice areas: Tax, business law, computer/high tech/biotech law, intellectual property, trusts/estates/wills, real estate, litigation, mediation.
Licensed to practice law in: DC, MD, VA, and NY.
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My father passed and i am trying to find out about his will Asked 6/28/10, 11:06 am in United States Maryland Probate, Trusts, Wills & Estates