who does an attorney represent in an estate?

Generally, the lawyer represents the individual that 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.

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How does a lawyer represent the estate of an estate?

 · MCR 5.117(A) provides, “An attorney filing an appearance on behalf of a fiduciary shall represent the fiduciary.” The plain language of this court rule is clear that an attorney appearing in the probate court on behalf a fiduciary represents the …

Can a lawyer represent the executor of a will?

 · 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. In other words the attorney who represents the executor does not also represent the interests of the beneficiaries of the estate.

Can a lawyer represent both a personal representative and a beneficiary?

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.

What is an estate planning attorney called?

 · The attorney represents the estate and the executor. He has a fiduciary duty to act in the best interest of the estate, but does not represent the beneficiaries. Given the number of questions you have about estate administration and disposition of the co-op, you would be well-served by a consultation with your own probate attorney.

Is the executor the attorney?

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. In other words the attorney who represents the executor does not also represent the interests ...

What happens to an estate in probate?

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 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.

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 happens if a person leaves a will and names someone as executor?

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.

Is probate necessary if you have a will?

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. In a probate proceeding, assets, liabilities, and any other financial matters become the interest of the “estate” of the deceased.

Who does a lawyer represent?

Generally, the lawyer represents the individual that 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. If the person is the Personal Representative, the lawyer represents ...

Does a lawyer have a client relationship with an estate?

The lawyer does not have an lawyer-client relationship with either the fiduciary or beneficiaries of the estate. One argument in favor of this position is that estates and trusts are treated as separate legal entities for taxation purposes and that therefore, an estate or trust is a recognizable legal entity.

What does the Office of General Counsel do?

The Office of General Counsel frequently receives telephone calls from lawyers requesting ethics opinions concerning the representation of an estate. In explaining the ethical dilemma the lawyer is facing, the lawyer often refers to himself as “representing the estate”.

Can a lawyer disclose the executrix?

Therefore, the lawyer could not disclose the executrix’s apparent fraud to the beneficiaries or the court.

Why is a lawyer retained by a personal representative?

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.

What are the consequences of adopting the derivative client approach to representation of a fiduciary?

First, the lawyer’s obligation to avoid participating in a client’s fraud . . . is engaged by a more sensitive trigger.

Can a lawyer prepare wills for husband and wife?

A lawyer may be called upon to prepare wills for several family members, such as husband and wife, and, depending upon the circumstances, a conflict of interest may arise. In estate administration the identity of the client may be unclear under the law of a particular jurisdiction. Under one view, the client is the fiduciary; under another view, ...

Jonathan Craig Reed

First, the attorney does not represent the beneficiaries. Sometimes, this is okay because the intersts of the beneficiaries are the same. Here, your interests are not the same. You should consult with your own lawyer.

Sharon M. Siegel

Ms. Reed offers a good answer. The attorney represents the executor and will be acting to protect the executor's interests (to keep beneficiaries from suing, etc.). If beneficiaries have questions or need advice it is advisable to have a separate attorney...

Steven M Zelinger

The attorney represents the estate and the executor. He has a fiduciary duty to act in the best interest of the estate, but does not represent the beneficiaries. Given the number of questions you have about estate administration and disposition of the co-op, you would be well-served by a consultation with your own probate attorney.

What is estate planning attorney?

Estate planning attorneys, also referred to as estate law attorneys or probate attorneys, are experienced and licensed law professionals with a thorough understanding of the state and federal laws that affect how your estate will be inventoried, valued, dispersed, and taxed after your death.

Can an estate planning attorney help with probate?

In fact, a good estate planning attorney may be able to help you avoid probate court altogether, but that largely depends on the type of assets in the deceased's estate and how they are legally allowed to be transferred.

Who does the attorney represent in an estate?

The attorney for the estate represents the executor or personal repersentative and not individual heirs , but there can be some instances where filing a document on behalf of an heir does not impact the other heirs adversly.

What is the duty of an attorney in an estate?

The attorney has a duty to represent the estate in a manner consistent with the best interests of the estate beneficiaries. If filing a paper on behalf of one of the heirs helps that heir but does not hurt any of the other heirs, then the attorney has not breached any duty.

What happens if an attorney files a paper on behalf of one heir?

If filing a paper on behalf of one of the heirs helps that heir but does not hurt any of the other heirs, then the attorney has not breached any duty. If the attorney representing the estate is assisting one heir to the detriment of another heir, then the attorney may have created a conflict which... 0 found this answer helpful.

Can a buyer choose a settlement attorney?

In many jurisdictions, buyers have the right, by law or custom, to choose their settlement attorney. However, in some instances, such as the purchase of a newly constructed home being purchased from the builder, the buyer receives a discount on closing costs if the seller's settlement attorney is selected to conduct settlement.

What is settlement in real estate?

The settlement (also called a closing) is the conclusion of the real estate transaction. This is the point when the buyer's and lender's funds are put in an escrow account and the lender's documents are signed by the buyer and seller.

Who distributes the estate to the beneficiaries?

Finally, your executor will distribute the balance of your estate to your beneficiaries. This typically requires filing one or more documents with the probate court first, including a list of the estate's probate assets and their values, as well as an accounting of all debts, taxes, and expenses paid.

Is being a personal representative a responsibility?

Serving as a personal representative can be a huge responsibility, and it's often a time-consuming burden. You should be able to choose the right person or institution for the job with the help of your estate planning attorney.

What is a personal representative?

A personal representative is sometimes referred to as an " executor .". The term "administrator" is also used in some states. An administrator commonly settles intestate estates—those where the decedent died without leaving a valid last will and testament.

How to avoid having the court appoint an administrator?

Otherwise, you can avoid having the court appoint an administrator by also naming one or more backups in case your first choice isn't available, referred to as "successor" executors or personal representatives. 2 . Check with your first choice and your backups to make sure they're all willing to take on the responsibility of settling your estate.

Does the estate tax exemption apply to estates?

The estate tax exemption might not apply solely to the estate. It can also include any gifts made prior to the estate owner's death if these gifts exceeded the annual exclusion for gift taxes: $15,000 as of 2020. The exclusion is also indexed to increase periodically to keep pace with inflation.

What is gross taxable estate?

Your gross taxable estate is the total value of all you own: both probate assets and property that passes directly to a living beneficiary. The estate tax exemption is subtracted from this total value and the tax is due on the balance. Only estates with values of more than $11.58 million are subject to the federal estate tax on ...

Who represents the estate in probate?

In a probate matter, the estate’s attorney generally represents the Personal Representative, in his or her fiduciary capacity. What does that really mean? That means that the lawyer works with the Personal Representative so long as that person is acting in the estate’s best interest.

Does a lawyer represent the beneficiary?

The real answer is that the lawyer doesn’t represent the beneficiaries. When a beneficiary calls and a lawyer chooses to engage in a conversation, the lawyer must walk a careful line between providing general information about the estate (which is okay) and providing legal advice to a beneficiary (which is not okay).

What is the first step for an estate lawyer in a probate case?

Although it seems elemental, the first step for any lawyer in any case is to identify the client. In a probate matter, the estate’s attorney generally represents the Personal Representative, in his or her fiduciary capacity. What does that really mean?

Is lawyer time considered estate administration?

A lawyer’s time is considered an expense involving estate administration. In Washington, these expenses are prioritized ahead of any estate distributions to the beneficiaries.

What happens when a beneficiary calls a lawyer?

When a beneficiary calls and a lawyer chooses to engage in a conversation, the lawyer must walk a careful line between providing general information about the estate (which is okay) and providing legal advice to a beneficiary (which is not okay). Another consideration at play is the attorneys’ fees.

Can one beneficiary unfairly reduce the other beneficiaries' distributions?

Otherwise, one problematic beneficiary can unfairly reduce the other beneficiaries’ distributions. Also, unfortunately, some beneficiaries who suspect that they are being shafted by the estate choose to take matters into their own hands.

Do beneficiaries receive less money?

So that beneficiary, and any other beneficiaries who will receive percentage distributions, will ultimately receive less money. Since, again, the lawyer represents a fiduciary and must seek to act in the estate’s best interest, often it is in the estate’s best interest if the lawyer does not communicate excessively with the beneficiaries.

Can you probate an estate without a lawyer?

When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.

Do you need probate if you have a deceased person?

But you won't need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds).

Can executors wind up estates?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.

Can you transfer a deceased person's property without probate?

Not every one of them needs to apply to your situation—but the more that do, the easier time you will have. Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it.

Is probate easier in states?

Probate is easier in states that have adopted the Uniform Probate Code (a set of laws designed to streamline probate) or have simplified their own procedures. The estate doesn't contain a business or other complicated asset.

Does an estate have enough money to pay debts?

The estate has enough assets to pay its debts. In this case, you don't have to worry about paying legitimate debts—there will still be money left over for the inheritors. But if it looks like there won't be enough money in the estate to pay debts and taxes, get advice before you pay any creditors.

What happens if there is not enough money in an estate?

But if it looks like there won't be enough money in the estate to pay debts and taxes, get advice before you pay any creditors. State law will set out the order in which creditors get priority, and it's not always easy to figure out how to parcel out the money. The estate won't owe either state or federal estate tax.