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Do I need to employ an attorney to finish the probate of my

 

Customer Question

Do I need to employ an attorney to finish the probate of my father's estate? As the executrix of my father's small estate, I employed a probate attorney. All forms have been filed, Social Security, Medicare, TennCare, IRS (Inheritance Tax Return), Tricare, Civil Service, Military Retirement, Invetory done and divided. All bills have been paid. All that is left is the house my father owned (no mortgage) and it is under rental contract until March 2013. I wrote the employed attorney that his services were no longer required. He said he would file An Order showing that he had been released and that I planned to proceed without counsel. Will that cause any problems? I have requested his final bill (I have asked for balance of the bill 3 times and not received it) I understand that I will need to keep the beneficiaries (my two brothers and me) informed ad file a report with the court at 15 months including all expenses, monies received, cancelled checks. He has been very condescendiing and put a lot of pressure on my brother and me to sell my father's antique car for several thousand below its value because it would be "problematic". I have felt intimidated by him instead of supported. I filed and cotacted all above listed agencies.

 

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State/Country relating to question: Tennessee

Submitted: 243 days and 15 hours ago.
Category: Estate Law
Value: $25
Status: CLOSED

Accepted Answer

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Expert:  lwpat replied 243 days and 15 hours ago.

Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.

You can terminate your employment of an attorney at any time for any reason as long as there is a court order of withdrawal. Therefore what the attorney is doing is the proper procedure. It appears that the majority of the work has been done and I don't see why you could not finish it up. Many people handle the probate process without an attorney. As long as you keep the other heirs informed there should not be a problem. You should sit down with them and discuss what will happen with the house in March. It is usually not a good idea to keep property in more than one name so you should consider selling and dividing the proceeds.

Expert TypeAttorney at Law
Category: Estate Law
Pos. Feedback: 97.7 %
Accepts: 4604
Answered: 8/21/2012

Experience: Attorney with experience in wills, estates and trusts

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Customer replied 243 days and 15 hours ago.


We all want to sell it as soon as possible and are only waiting because we have to because of the lease. Thanks for your answer. I will give you an excellent rating.

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Expert:  lwpat replied 243 days and 11 hours ago.

Thank you and please ask for me if you have any future legal questions.

 
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