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Lawyer withdrew as council...probate still open...Help!

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Seth2005

Junior Member
What is the name of your state? AZ

My father in laws estate is in probate with my husband as the executor. The problem is that our lawyer withdrew from council and the estate is still open. What do we do now? Do we have to get another lawyer, or can we submit forms to the court ourselves. What exactly needs to be done to close an estate?? We already have the letter of appointment. It's just a matter of a piece of property and some money that needs to be distributed. There is only 1 other heir.
Also, the lawyer still has some of the original court stamped documents (I have photo copies) is he required to give us the originals upon request, and can we with hold fiinal payment until he gives us those documents.
One of those documents is the original letter of appointment.
 
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Seth2005

Junior Member
RE: Attorney withdrew from council...probate still open.

Get another attorney. Why did this attorney withdraw?
The lawyer withdrew because we didn't want to do what he was asking us to do. We didn't have much faith in this lawyer to begin with. A. Not ONCE did my husband actually talk to this lawyer, his conversations/emails were only with the paralegal. B. We have doubled the amount originally given to them as a retainer (and were told that the original retainer would be more than enough) C. They were requesting that we send them some bonds to be distributed, rather than have my husband distribute (as he is the executor). This is what we told the attorney that we weren't going to do. He has been bleeding us dry for months now, and we basically sent a letter (as we couldn't ever get anyone on the phone) and asked what EXACTLY they needed from us in order to close this probabate and told them that my husband would distribute the bonds (to himself & 1 brother...the only heirs) and not to keep sending us letters requesting as such. Each letter that they sent us, they billed us over $200! It was a joke.
So he withdrew from council saying that he could no longer represent us, blah, blah, blah...Anyway, my husband FINALLY did get to speak with him on the phone regarding this, and the guy was a major prick, so needless to say, we would have dropped him, if he hadn't withdrew.
So, on that note, what are our options now. Does he have to give us the requested documents (that we have already been billed for)?? And can we withhold payment until he provides us with the documents.
ALSO...can we go to the court and speak to the recorder about where we stand in this probate? Our lawyer, of course, was no help in this respect.
One thing to note...we live in CA, and this paticular court is in a TINY town called Parker, AZ.
 

seniorjudge

Senior Member
Q: So, on that note, what are our options now.

A: As I said before, get another lawyer.


Q: Does he have to give us the requested documents (that we have already been billed for)??

A: Yes; it's your file, not his.


Q: And can we withhold payment until he provides us with the documents.

A: I would.


Q: ALSO...can we go to the court and speak to the recorder about where we stand in this probate? Our lawyer, of course, was no help in this respect. One thing to note...we live in CA, and this paticular court is in a TINY town called Parker, AZ.

A: No; the court will not give you legal advice. Third time: Get another lawyer.
 

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