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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6513
Experience:  Wills, Trusts, Probate & other Estate Matters
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The lawyer that is no longer representing my stepmothers estate

Resolved Question:

The lawyer that is no longer representing my stepmothers estate or myself as executor left a trust to a friend of thirty thousand dollars. The trustee is the lawyer that I had a falling out with. How is this handled?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Thomas McJD replied 1 year ago.
A trust document will generally provide a manner of removing and replacing the trustee of the trust. So, the first step is reviewing the terms of the trust to determine whether such a method is set forth. If so, then it is as simple as following the steps (usually requiring the vote of the majority of the beneficiaries of the trust to remove the trustee and the same (a majority of votes) to select a new trustee).
If the trust does not provide a method of removing and/or replacing the trustee, then unfortunately a petition will have to be filed in court requesting the removal and/or replacement of the trustee. If court action is required, your new attorney should assist you (and such a court action is not generally complicated).
Customer: replied 1 year ago.
In looking for an attorney to help me would I want an estate lawyer to represent me. I need help with something's regarding the estate but mainly to deal with the lawyer who is stonewalling me. I am in Ohio and the estate is in Camden county New Jersey. Should I look for an attorney here or in New Jersey. How do I choose a good attorney how can you tell the good ones from the bad ones
Expert:  Thomas McJD replied 1 year ago.
yes, an estate or probate attorney. www.martindale.com is very a good website for locating attorneys. It rates attorneys by peer reviews. AV is the vest. BV is very good. So if an attorney has either rating, they would be good to hire. The BV attorneys are usually just not quite as experienced but still very good in their practice areas.
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6513
Experience: Wills, Trusts, Probate & other Estate Matters
Thomas McJD and other Estate Law Specialists are ready to help you

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