What Happens If You Don't Work With The Right Will Probate Attorney

When a loved one passes away, there are often dozens of decisions you have to make, from the funeral arrangements to the maintenance of their home and vehicle. Finding the right attorney to probate his or her Will is yet another step you must take.

While some of these decisions may have minimal impact on your family, the attorney you choose for your probate needs directly impacts the length and cost of the probate process. So, what happens if you select the wrong person for the job?

In this blog, I’ll explain how you can determine whether an attorney is providing the service you deserve, the consequences of choosing the wrong attorney, and the steps you need to take should you decide to switch to a more qualified probate attorney.

How To Know Whether You Are Working With The Right Attorney

Attorneys, like all skilled professionals, are not one-size-fits-all. Some attorneys are highly qualified in specific areas of the law. Others offer a wide range of services—and perhaps a wide range of quality as well. Some are compassionate. Others, not so much. Some may blur the lines of what is ethical to increase their paycheck.

The last thing you want to deal with when you’re struggling with the loss of a loved one is an attorney who rushes you, doesn’t seem to care about your loss, won’t answer your questions, or overlooks essential steps in the probate process. If you find yourself questioning the competence or care of a lawyer, it’s important to listen to your gut and act accordingly.

A good rule of thumb is that you should leave each consultation with your attorney with a clearer understanding of what has been done to settle your loved one’s estate, the steps the attorney’s legal team will be taking next to continue the probate process, and what actions you may need to do to keep the process moving. You should also feel comfortable asking questions along the way and believe your attorney fully understands the probate process in your state.

Read my blog HERE to discover 3 additional signs that you should look for another attorney as soon as possible.

What Happens If You Don't Have The Right Probate Attorney

These are a few of the risks you may face if you choose an attorney who is incompetent, unethical, or simply the wrong fit for your needs:

• The attorney could charge you well over the typical rate for probate services or fail to disclose hidden fees.
  
  
• You could receive advice that is not in your best interest or does not help the probate process go more smoothly.
  
  
• Your attorney could fail to advise you of the availability of the shortest and least expensive means of probate.
  
  
• You can never reach your attorney when you have important questions to ask.
  
  

How To Transfer Your Case To A New Probate Attorney

If you decide that your attorney is not the best option for you or your case, the next step is to dismiss them and transfer your case to a better-qualified probate attorney. This process is fairly simple if the original probate attorney has not started any work yet. You should review your fee agreement to see if you can get a refund on unearned fees, request access to the original materials you provided the attorney, and pay your final bill if anything is owed.

However, if your attorney has already started filing documents or appeared in court, you need to obtain the court’s approval before you can change attorneys. Your new attorney can help guide you through this process, which typically includes providing the court with:

• A motion to substitute counsel, to which you have agreed
  
  
• A proposed order on substitution to be signed by the judge
  
  
• The original attorney will be notified of the substitution of your new counsel in the case.

Save Yourself Time & Money By Choosing The Right Probate Attorney The First Time

You can’t always determine an attorney’s character and competence in an initial consultation. However, taking the time to research an attorney thoroughly before you meet with them, and trusting your instincts on whether you are comfortable with the attorney and he or she feels like an honest and trustworthy person, can help you make the best decision for your probate needs.

If you need to probate a loved one’s Will, or you would like to start your estate plan, schedule a free consultation* with Adair Buckner now to see whether our team could be a good fit for you.