What to do if my father’s estate was in the final stages of being settled when the estate lawyer resigned due to an inability to receive responses from the executor?

Assets have already been distributed to heirs and mine is in a special needs Trust to which the current executor/trustee has unrestricted access. There are only a few last documents that need signed off on to settle the estate, which has been in probate for 2 years. How do we go about replacing the executor/trustee and protect my Trust during the proccess?

Asked on November 27, 2013 under Estate Planning, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unless the Estate's attorney has a court order allowing him or her to resign as the attorney of record or there is a substitution of attorney (which I doubt) then the Estate's attorney is still the attorney of record for the Estate. From what you have written, I suggest that you consult with an attorney in your locality that does Estate planning work for guidance. Once in your locality can be found on attorneypages.com.

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