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  1. #1
    pburchett is offline Junior Member
    Join Date
    Sep 2004
    Posts
    26

    Withdraw as Counsel

    The attorney for my parent’s estate is wishing to withdraw as counsel. My brother allegedly murdered my parents and his alleged children may inherit ½ of the estate.
    The estate counsel also represents the children’s grandmother in a large department store suit (7+ million). She is the one that is causing all the problems in the estate case wishing to get her hands on some money and the attorney is sticking by her side, unofficially.

    The estate attorney assured me it would be OK to purchase from the estate with two written appraisals and brother’s written approval. Brother’s approval filed in probate case file. I purchased at full retail price. Lots more than things went for at the auction.

    The estate attorney made motion and got court approval to sell parent’s house to pay bills. Attorney also followed the Kentucky Revised Statute 389A.010 [url]http://www.lrc.ky.gov/KRS/389A00/010.PDF[/url] to obtain court approval for me to purchase last portion of real estate.

    When it is time to make the deed the attorney wants the funds deposited to the children, and their mother. I refuse to deposit the funds outside the estate account. He tells me to come and pick up my file and let someone else make the deed. When I go to pick up the file they will only let me have if I sign a waiver stating that I will not hold him or his firm liable what so ever concerning the estate case. After three months of arguing he sends me a letter stating that he is unable to prepare a questionable deed, and has enclosed a copy of a motion to withdraw as counsel for my parent’s estate, is citing irreconcilable differences.

    Here is what I plan on doing and do not know if it is the correct thing to do or not:

    I will show up for the motion so that it will be noted in the court records that Mr. Attorney made the motion to sell estate property to myself, and that he would later only prepare the deed if I deposited the funds from the sale to my brother’s alleged children, their mother and grandmother.

    I also plan on making it known that Mr. Attorney’s firm would not release my file unless I signed a waiver releasing them from any liability what so ever, concerning the case.
    I also want to ask the judge to ban his firm from representing the afore mentioned parties in suits against myself and the estate due to Mr. Attorney having been counsel for me and the estate.

    Will this work?
  2. #2
    seniorjudge is offline Senior Member
    Join Date
    Aug 2005
    Location
    St. Odo of Cluny Parish
    Posts
    29,534
    You have started TEN threads on this subject; go back to one of them and ask your question.




















    (Hint: I know the answer which is, "I do not know the answer." And neither does anyone else.)
    There are two rules for success:

    (1) Never tell everything you know.

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