How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Damien Bosco Your Own Question
Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2197
Experience:  Helping you with your legal questions.
Type Your Estate Law Question Here...
Damien Bosco is online now
A new question is answered every 9 seconds

My wifes lawyer has been doing a probate for her family for

This answer was rated:

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?
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.


“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 Bosco and 6 other Estate Law Specialists are ready to help you
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:

Either way, I am always happy to help.

Best Regards!

Damien Bosco

Related Estate Law Questions