Hermitage, TN asked in Probate for Tennessee

Q: Mom passed with a handwritten but unwitnessed will. I "thought" I had engaged a lawyer. But he does not call me back

It's been 3 months. The main thing I remember him saying is "if there is no will, there is no reason to open a probate". What does that mean? If I engage another lawyer can he bill me?

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1 Lawyer Answer
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: You can always hire another attorney but when you do, be sure to let the first attorney know that he has been fired so he does not keep working on your file (assuming he is working on it). As a general rule, attorneys cannot bill for services NOT provided, but there are subtle exceptions. Your question about what the first attorney can bill you for cannot be answered without seeing a copy of the engagement agreement and also understanding the full context.

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