Las Vegas, NV asked in Estate Planning and Probate for Kansas

Q: I hired a lawyer in KS for probate of property in KS. I'm in the middle of the case, can fire my lawyer

I live out of state. I'm in the middle of probate in KS, and I want to change my lawyer and complete the process myself, is this possible? If so, what are the steps and would I need to appear in KS at some point?

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1 Lawyer Answer
Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
  • Estate Planning Lawyer
  • Mandeville, LA

A: Generally, yes you can do this. You would have to inform the attorney and he would "unenroll" from the case.

However, if you have any outstanding obligations to the attorney, under the laws of most states, the attorney would have the option of filing a "claim" as a creditor to the estate in the local county court records. Some states, and Kansas may be one of them, require an out-of-state representative to appoint an in-state "registered agent" in the court process. By default, the attorney serves this purpose, but if you are firing the attorney, and handling it yourself, you may have to name someone in the legal proceeding to accept service on your behalf in the event there is a challenge to you in the legal proceeding.

But this is not someting I would do alone. I would approach another attorney licensed in Kansas to make sure you are doing things the right way.

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