who does an attorney represent in an estate

Generally, the lawyer represents the individual who hired him to assist in the administration or probate of the estate. ·If that person has only one role and is not a fiduciary, the lawyer represents only that person, unless the client and lawyer agree otherwise.

Full Answer

How does a lawyer represent the estate of an estate?

The lawyer represents the estate by acting for and through the fiduciary of the estate for the ultimate benefit of the beneficiaries of the estate. Because the lawyer is retained by the Personal Representative to represent the estate and because the Personal Representative is legally required to serve the beneficiaries, the lawyer also has an obligation to the beneficiaries.

Is the personal representative the client of the estate?

Mar 06, 2012 · In such a case, the executor is the attorney’s client. Although the executor represents the interests of the estate and has a legal duty to fulfill the wishes of the decedent as expressed in the will, the executor is the attorney’s client.

Is having a personal representative the same thing as having a lawyer?

What is an estate planning attorney called?

What happens to an estate when a person dies?

Upon death, the decedent’s interests are no longer those of a living person. In a probate proceeding, assets, liabilities, and any other financial matters become the interest of the “estate” of the deceased. The estate, however, must be represented by a living entity.

What is an interested party in probate?

An interested party is someone who has some financial interest in the settlement of the decedent’s estate.

What is probate after death?

Probate is the legal procedure by which a deceased individual’s property passes to others after his or her death. Probate is usually necessary whether the person died with a will or without a will (which is known as “intestate”). Upon death, the decedent’s interests are no longer those of a living person.

When does probate occur?

When Does a Probate Proceeding Occur? If the decedent left a will and named someone as executor, that person typically retains an attorney to initiate a probate proceeding on his or her behalf. In such a case, the executor is the attorney’s client.