Can Heirs Replace an Unresponsive Probate Attorney in Florida?

Q: Can we just fire the attorney ourselves if we're not the personal representative?

Not directly, since the attorney's client is the personal representative, not the heirs as a group. You can still raise concerns with the court or encourage whoever is personal representative to make the change.

Q: What does petitioning for an accounting actually get us?

It requires the personal representative, or in some cases the former agent under power of attorney, to formally report what assets exist and what has been done with them. It's often the clearest way to see whether anything was mishandled.

Q: Can the person who had power of attorney get in real trouble if they misused funds?

Yes. If a court finds they breached their duties as agent, it can order them to repay the estate, and in serious cases, misuse of an incapacitated or vulnerable person's funds can also raise separate legal consequences beyond the probate case.

Question

We retained a probate attorney to assist with our father's estate. However, the attorney has refused to communicate with all three heirs and has been unnecessarily adversarial with the family member acting as our primary point of contact, particularly regarding verification of the other heirs' addresses, despite being provided documentation confirming those addresses. Our father passed away unexpectedly in an accident several months ago, and the heirs only recently learned of his death. Because all three heirs live in different states, we need counsel who can provide clear, professional, and transparent communication about the status of the probate proceeding, the next steps, and the ongoing administration of the estate. Due to significant concerns about the current attorney's professionalism, communication, and handling of the matter, we are seeking substitute counsel to take over representation and continue the probate process. We would also like an evaluation of the actions taken by the person who held power of attorney for our father during his final days, since we have concerns about possible interference with or mishandling of estate assets.

A. Jason Velez · Accepted Answer

You have two separate issues here, and Florida law treats them differently: replacing the estate's attorney, and investigating what happened under the power of attorney before your father passed.

On the attorney question, it matters who that lawyer actually represents. In a Florida probate case, the attorney is typically hired by and represents the personal representative (the person formally appointed to administer the estate), not the heirs as a group. If one of you is serving as personal representative, that person has the authority to end the relationship with the current attorney and hire new counsel. If none of you is the personal representative, you may not be able to fire the attorney directly, but you can still raise your concerns with the court, since Florida probate proceedings happen under the supervision of the circuit court, and heirs have the right to be kept informed and to object to how the estate is being handled.

If the personal representative themselves, not just the attorney, is the source of the poor communication, Florida law gives heirs a real remedy. You can petition the probate court for an accounting of the estate's assets and actions, and in more serious cases, petition to remove the personal representative. Be precise about the ground you plead. Fla. Stat. § 733.504 lists twelve causes for removal, and failing to communicate with the heirs is not one of them. The causes that actually fit a badly run estate are wasting or maladministration of the estate, failure to comply with any order of the court, and failure to account for the sale of property or to produce and exhibit the assets of the estate when required. This is why the accounting request matters so much: a petition resting on "the personal representative won't return our calls" has no statutory ground, while an ignored court-ordered accounting gives you one.

On the power of attorney concern, Florida's Power of Attorney Act (Fla. Stat. ch. 709) gives interested parties, including a personal representative or beneficiary of the principal's estate, a path to ask a court to review an agent's conduct and require an accounting of what the agent did while acting for your father. If the review shows the agent mismanaged or misused his assets, the court can order the money or property returned to the estate.

Practical next steps: 1. Identify who is formally serving as personal representative. This determines who has the authority to change attorneys. 2. Put your concerns about communication and the address verification issue in writing to the current attorney, and keep a copy. 3. Consult a separate probate attorney now, both to evaluate substituting counsel and to formally request an accounting from whoever held power of attorney. 4. Act without unnecessary delay. Claims related to an agent's conduct under a power of attorney can become harder to pursue the more time passes.

This is general legal information, not legal advice. A Florida probate attorney can review the actual case file and tell you the fastest, cleanest way to get new representation and open a review of the power of attorney period.

Can Heirs Replace an Unresponsive Probate Attorney in Florida?

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