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TX probate dispute re: property of decedent/intestate. Applicants atty changed is official notification/filing w court required?

Friendswood, TX |

Texas probate matter regarding the distribution of property belonging to someone who died intestate. Applicant's have had the same solo attorney for entire case until it became necessary for "Applicant's/Movants" counsel to file a "Motion to Show Cause" due to third party refusing to cooperate by turning over property. The "Applicant's/Movants" counsel changed at the time the motion to show cause was filed, and has not changed back ever since. However, the County Clerk still shows the Attorney of Record to be the original attorney who started on the case & she claims not to be representing anymore. Are Applicant's/Movant's and/or their new counsel required to file some type of official notice regarding change of counsel with the County Clerk for proper record keeping/contact info?

Attorney Answers 3


You need to ask the clerk of the court this question. They have the best handle on the law unless the "new" atty will answer the question.

Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less

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Given that you apparently have counsel, that is who should be addressing your concerns.

When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

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Why wouldn't you ask your own lawyer this question? The Texas Rules of Civil Procedure do provide for a Motion to Substitute Attorney of Record when a party changes lawyers but a Court has the power to permit an attorney to make an appearance for a party at any time.

DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.

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