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JJ
JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4502
Experience:  Admitted Attorney 17 years experience
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I was appointed as executor of my brothers estate who died

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I was appointed as executor of my brother's estate who died two years ago. As I do not have the legal acumen I appointed an attorney to handle the actual documents and filing processes.
The department in this attorney's office that dealt with estates has since broke away from the original attorney and the handling of the estate went with them. Since then the breakaways have sold there business to another party and now the estate is with another firm.
The service I get from this last party is just atrocious, in fact they are only now starting with a Master's query dating back to January 2013.
In short - my question is how can I fire this firm and appoint another to finalise the outstanding issues with SARS and the master?

Hi

Welcome to Just Answer!! Thank you for giving me the opportunity to assist you.

Where do these lawyers practice?

Customer: replied 3 years ago.

The are in Pretoria

Hi Barry

The difficulty with estates is that it is usually agreed that a certain fee would be paid upon finalisiation. I don't know how you agreed it with them in your case, but you will need to advise them that you want your file and for same to be handed over to you. You will however have to settle their bill first and this will have to be done before you get your file.

You can then appoint another attorney who you can agree a fee upfront to finalise the matter on your bahelf. They just need to come on record and let the master of the high court know.

Your stumbling block will be the settlement of the fees for the work already done.

Please ask more if not clear.

Customer: replied 3 years ago.

Thanks - the only fee negotiations done by us was with the original attorney. I will proceed as suggested and see what happens. According to me the last bunch did not really do a thing.

They can only charge for what they did. If they are sticky, then you should lodge a complaint with the law society of the northern provinces. See how it goes.
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