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What should I do as a beneficiary of an estate where the attorney's license is suspended for nonpayment?

Fayetteville, AR |

Both the attorney and the executor are uncooperative and in violation a fiduciary duty in many ways. Should I file a complaint against the attorney now and also a petition to remove the executor? I wish to sue them both; can they both be included in the same one lawsuit? I live just over the border in Missouri. Will the probate judge allow me to be the next executor if I'm not in the same state, but not too far from the probate court? Since the attorney is illegitimate and the executor told me to never contact him ever again, do I still have to serve the attorney and/or the executor? If either countersues, would I have to come to their court or do they have to come to my court no matter how far I move off to?

Once you post your reply, I can reply back with enough details that Avvo will not allow in my post. Strange I know, but Avvo only allows me to type enough characters as necessary in an email to lawyers, not on my post.

Attorney Answers 3


You have far more questions in your summary than you have information about what has taken place. You have a very complex and unusual situation and there is no way anyone on Avvo can help you without being able to sift through ALL the facts of your situation. You need to consult with a probate lawyer as soon as possible, so you can get some answers. This forum is not set up to deal with circumstances like yours.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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James is right you need to see a lawyer about all these many questions which are dependent on lots of facts too numerous to mention.

One thing I do want to say however is that in some states lawyers get can temporarily suspended for not getting enough CLEs (continuing education credits) or forgetting to pay dues; but not all of these are necessarily bad lawyers. In fact I have seen many good lawyers get temporarily suspended for missing a CLE minimum cutoff date. Bottom line you need a lawyer to correctly interpret all the complicated issues you have mentioned.

No legal representation exists by virtue of this answer. Consult your attorney. Licensed to practice law in Indiana and Illinois. Circular 230 Disclosure: any U.S. tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein.

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You have brought up a variety of issues in a relatively short question. If you can establish that the executor of the estate has breached his or her fiduciary duties, you should be able to have the executor replaced. Whether or not you are the best replacement is going to require more information. If the attorney's license has been suspended, he cannot practice.

You should contact a probate attorney in the county where the probate is filed to explore your information in greater detail.

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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