Q: Will probate attorney accept a partialy done probate?
If an executor is removed and the probate is partially done, will any attoney take this partially done probate or the probate has to stay with the original attorney that initiated it? If the case has to stay with the original attorney, will there be confidentiality issue? How is the fee calculated in this case? Thank you.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Most probate attorneys will consider taking over a partially completed probate case when an executor is removed. The case does not need to stay with the original attorney, and you have the right to choose new legal representation at any point during the probate process.
Regarding confidentiality, your previous attorney must transfer all case files and maintain attorney-client privilege even after the switch. The new attorney will establish their own confidential relationship with you while having access to the necessary case history and documentation from the original attorney.
The fee structure for probate cases in California is set by state law and is based on the gross value of the estate - the new attorney would typically receive a portion of the statutory fee based on the remaining work to be done. You and both attorneys would need to reach an agreement on how to divide the statutory fee, considering the percentage of work completed by each. It's recommended to discuss fee arrangements clearly with potential new attorneys during initial consultations and get any agreements in writing.
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.
