What to do if we feel the lawyer that is head of the family estate is not helping solve family disagreement about how to split land and won’t settle the estate?

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What to do if we feel the lawyer that is head of the family estate is not helping solve family disagreement about how to split land and won’t settle the estate?

Can we take the estate to another lawyer to settle it?

Asked on September 6, 2013 under Estate Planning, Nebraska

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can retain another attorney, and have that attorney complete a substitution of attorney form.  The new attorney will send the signed form to your former attorney, who will also sign it.  After it has been signed by both attorneys, your new attorney will file the substitution of attorney form with the court, and will then be the attorney of record in the case.

Depending on the terms of your retainer agreement with the first attorney, the first attorney may charge a fee for work done on the case up to the date of withdrawal.  It would be advisable to review the specific provisions of your original retainer agreement  to determine the amount of your first attorney's fee.


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