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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.