..lizzy

[gmholler]

removal of lawyer?

What is the name of your state? IL

My father passed away in July, 2002. My brother, who lives in IL (I am in Louisiana) near my Dad, is the executor of Dad's estate. We have been trying to get the estate settled for some time now, but my brother says he has had no end of trouble getting in contact with the lawyer; we recently found out that the lawyer my brother has been using has been seriously ill (and may have died recently - my brother says he is unable to find out). I have tried contacting this lawyer as well, with no success. My brother says he has found another lawyer to take over the case, but this new lawyer evidently needs some information that the previous lawyer has. My brother says the new lawyer has to file a "substitution request" with the court to do the work .

I doubt this is the first time counsel has had to be changed in the midst, so there must be some precedent for this - what happens? How long does it take?

Thanks!

Lynn.

 

[Pfaffing85690]

It depends on the circumstances of the case. There is no way to tell you from cyberspace. If the first attorney is dead then it will be faster. If the first attorny is sick and cannot continue then it may be only a matter of weeks.

Regardless, these are questions you need to be asking the prospective attorney. But remember, if any work has already been completed by the first attorney, you'll own him/her a fee from the estate.

 

[gmholler]

Then why does your location say Louisiana?

Because I am located in Louisiana. My question was about an aspect of law that would be in effect in IL - I'm not sure that it would be the same here.

Lynn.

 

[gmholler]

I have heard from my brother that the "new" attorney has been sent a substitution form for his signature - and his signature will certainly be difficult to get if the man is deceased! - but the "new" lawyer says if that is the case and they can't get the previous attorney's signature, they can file a motion with the court and ask for his removal.

So now that there's a different attorney working on this estate - does that mean we have to go thru probate all over? The estate was almost settled - I believe we were waiting on some records from some land my Dad had owned when communication with the original attorney stopped. Both my brother and I would just like to get this over with!