What to Do if Your Estate Planning Attorney Leaves Before Completing Your Will and Health Care Power of Attorney
Detailed Answer
When your attorney departs before finalizing your will and health care power of attorney, you may feel uncertain about next steps. North Carolina law protects your rights and ensures you can complete your estate plan without delay. Under the North Carolina Rules of Professional Conduct, Rule 1.16(d), an attorney must return your file and any unused portions of fees if they withdraw or resign. You have a right to all drafts, notes, and correspondence related to your estate planning.
First, review your original retainer agreement. It often outlines how to recover your file and handle unfinished work. Send a written request to your former attorney asking for all documents, including drafts of your will and health care power of attorney. If you paid a fee in advance, confirm any refund for unused services.
Next, find a new attorney who focuses on estate planning and probate. Share your file and drafts so the new lawyer can pick up where the last one left off. Your new attorney will verify that each document meets North Carolina requirements. For example, North Carolina General Statute §31-1.1 sets the signing rules for a valid will: it must be signed by the testator and witnessed by two individuals in the testator’s presence. You can review the statute here: G.S. 31-1.1.
For a health care power of attorney, North Carolina law appears in Chapter 32A of the General Statutes. Your agent must follow the format and wording required by G.S. 32A-1 through G.S. 32A-17. You can read the full text here: Chapter 32A. A proper execution often requires notarization. Your attorney will arrange a signing session with a notary public and any necessary witnesses.
By acting quickly, you keep control of your estate plan. The sooner you secure a new attorney, the sooner you can sign your documents, avoid any gap in coverage, and maintain peace of mind.
Key Steps to Take
- Review your retainer agreement to understand your rights and any refund policy.
- Send a written request to your former attorney for all files, drafts, and unused fees.
- Engage a new North Carolina estate planning attorney to review and complete your documents.
- Confirm that your will meets G.S. 31-1.1 signing and witnessing requirements.
- Ensure your health care power of attorney follows Chapter 32A’s guidelines and is notarized.
- Schedule a signing meeting with your new attorney, notary, and witnesses as needed.
- Store your completed will and health care power of attorney in a safe, accessible place.
Take Action Today
If your estate planning attorney has moved on, don’t leave your legacy hanging in limbo. Our team at Pierce Law Group has extensive experience guiding clients through every stage of estate planning and probate administration. Contact us now for responsive support and clear guidance. Email intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.
