Executor/ Succession question?

Question

My father was made executor of both his parents estates, but the succession is dragging out for 2 years now. My question is : Can the executor of the estate fire the estate attorney? I would think so, but I just want to be sure.....

Answer 1

Yes. Absolutely. But look at any contract you may have, since you may have already agreed to pay him a percentage.
(or he may be charging by the hour).

I fired my grandmothers estate attorney and finished it myself because he seemed to be trying to piss off the other beneficiaries and make it into a big deal.

Also 2 years is not a long time for an estate since the return isn't even due for 9 months. So you might try asking him when he will finish and telling him to hurry it up, or you will get another attorney.

Answer 2

The delays may be very appropriate depending on the amount of the estate, the necessity for an estate tax return which can take up to 2 years to resolve, or the mere complexity of the estates.

Before firing one Lawyer one should consider that the new one might have to start back at square one and even further delay distributions from the estate.

IF and only IF the executor knows what he is doing (taking into consideration debts and taxes to be paid etc.) funds from the estate CAN be distributed before the probate is closed.

Answer 3

The simple answer is yes, unless a will or statute provides otherwise. More likely than not, the executor or personal representative may fire the attorney at will.

Answer 4

Consider two things. First, find out the reason things are dragging on. Second, look at the amount being charged by this attorney. If he has charged a lot of money, he may be milking your dad.

Answer 5

Absolutely!

Answer 6

Of course, unless the will provides that he can't.