My attorney quit because he said it was more work than he thought and I needed someone who could give it more time.
.. I can't afford another attorney now.I gave him all the money I had. ????
3 attorney answers
I agree with the above posters. Unless the estate is insolvent, there should be sufficient funds to hire and pay a new attorney. Every probate attorney has different billing practices. Some will provide a monthly billing statement, while others wait until the end of the probate and set forth all of the fees and expenses at once in the final accounting.
As has been noted, the bar association is a good referral source for probate attorneys. Websites like this can also give you some leads.
The answer given above is informational only in nature and does not constitute legal advice or create an attorney-client relationship. The outcome of your case will depend on the specific facts of your situation. You should consult in depth with an attorney. Only a thorough examination of your specific facts will ensure that your matter is dealt with completely and accurately.
It is not clear from your statement exactly where you are in the probate process. Has the petition being filed? Have you been appointed as the personal representative? Has someone filed at objection to the probate? Until an attorney knows what has been done and where the case is in the probate process, it is hard to advise you how to proceed. Normally an attorney must request permission from the court to withdraw from an ongoing case and you have the right to ask for at accounting of the services provided and the fees charged. I recommend you contact the bar association and ask for a referral for another probate attorney. Many offer a free consultation and the new attorney should be able to get answers to all your questions. As has been noted, the attorney will be paid from the assets of the estate, so this should not pose a problem.
Generally, an attorney may withdraw from the case at almost any time unless the court does not allow the attorney to withdraw. If you have been appointed as the personal representative of the case, and if the estate has assets, it is likely that you will be able to retain replacement counsel to handle the balance of the matter as the attorney who represents the personal representative is generally paid from the probate estate.