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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
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My wifes lawyer has been doing a probate for her family for

Resolved Question:

My wife's lawyer has been doing a probate for her family for the last 6 years. Both the mother and father died intestate. My wife is the personal representative for the fathers estate. She is also co representative with her brother for her mother's estate. Her brother got angry with the attorney and reported him to the Bar association and will not talk to him. My wife has completed all accounting,deeds, etc. The brother recently filed a pleading to have my wife removed as co-representative. Her lawyer has written her and told her to find new counsel. Does he have to appear before the Judge to reccuse himself?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Damien Bosco replied 11 months ago.
Hi and welcome! My name is XXXXX XXXXX I will be assisting you. I am happy to help.

The simple answer is that if your wife does not consent to the removal of her attorney, her attorney will have to make a motion to the court to withdraw as counsel. So, Yes, he would have to make a court appearance to withdraw but only if your wife does not consent in writing.

Technically:

“The form and content of attorneys’ motions to withdraw are governed by rule 3.1362, California Rules of Court,” Cali said. “A motion to be relieved must be made on Judicial Council form MC–051. (Cal.Rls. Ct. 3.1362(a)) The motion must be accompanied by a supporting declaration showing why a substitution of attorneys by consent could not be obtained. The declaration must be stated ‘in general terms and without compromising the confidentiality of the attorney-client relationship.’ The supporting declaration must be made on Judicial Council form MC–052.” (Cal.Rls.Ct. 3.1362(c))


If you need clarification, or need to clarify your question, or have a follow up question, please let me know.

Thank you,

Damien
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 1269
Experience: Helping you with your legal questions.
Damien Bosco and 4 other Estate Law Specialists are ready to help you
Expert:  Damien Bosco replied 11 months ago.
Hi Richard,

I just to see how everything is going. If you have a chance, let me know. I am here to help you in the future also. You can request me by name the next time and I will be notified. Also, you can bookmark my profile and ask me a question that way. Here is the link:

http://www.justanswer.com/law/expert-damien-bosco/

Either way, I am always happy to help.

Best Regards!

Damien Bosco

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