Legal Question in Wills and Trusts in North Carolina

How can an executor of an estate change attorneys before the estate is settled? The attorney that is handling the case is getting up in age and is forgetting to file documents with the court system and almost had the heirs in comtempt of court.

Asked on 8/28/12, 12:23 pm

2 Answers from Attorneys

Jeff Rosner Rosner Law Firm P.A.

The executor of the estate has power to change attrorneys just like an individual. You would want to notify the attorney that he should not do any further work on the estate. The new attorney may also be able to help and send a letter to the former attorney. i would expect that the former attorney will have an outstanding bill that he wants to be paid.

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Answered on 8/28/12, 1:00 pm

I agree. The executor needs to fire the attorney and find another. This can be done gently so as not to create any hard feelings. The estate should only have to pay one attorney's fee, as set by the clerk. They will need to divide this fee between the two attorneys based on percentage of work done by each.

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Answered on 8/28/12, 3:37 pm

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