who does an estate attorney represent

A real estate attorney may represent a variety of parties. Real estate lawyers represent buyers, sellers, realtors, lenders, landowners, brokers, home builders, residential and commercial developers, investment managers, and many others. However, an attorney can only represent one party to a real estate transaction.

Full Answer

Does an attorney represent the estate or the executor Pennsylvania?

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.

Who can be a personal representative in Alabama?

These are the individuals, including a surviving spouse, who are entitled under the law of Alabama to a part of the property of the Decedent who died without a Will. 6. Minor. A person under the age of 19 years is a minor, unless his disabilities of non-age have been removed by a court of appropriate jurisdiction.

Do you need an attorney for probate in Alabama?

Yes, the Will must be probated to have legal effect. Before deciding not to probate a Will one should consult an attorney.

Who is considered next of kin in Alabama?

For inheritance purposes, “next of kin” are often referred to as “heirs at law.” Next of kin under Alabama law include: Surviving spouse. Children and descendants. Parents.

Can a personal representative sell property in Alabama?

Where the will provides for a power of sale, the Personal Representative may sell real property without Court approval. If the decedent contracted to sell real property, and died prior to conveyance, the Personal Representative may execute the conveyance per the terms of a valid contract.

Who can apply to be an administrator of an estate?

Normally, one or more of the executors named in the will applies for the grant of probate. Otherwise (if the person died without a will or the will did not appoint executors) a beneficiary or relative can be the administrator and can apply for letters of administration.

Can a felon be an executor of an estate in Alabama?

Many states prohibit people who have felony convictions from serving as executor In Alabama, you cannot name an executor who has been convicted of an "infamous crime." For example, someone who has been convicted of bribery, embezzlement, or perjury would be ineligible to act as your executor.

How do you transfer a house after death in Alabama?

The process for transferring Alabama real estate by deed involves several steps:Find the most recent deed to the property. ... Create the new deed. ... Sign and notarize the deed. ... Record the signed, notarized original deed with the Office of the Judge of Probate.

Do lawyers owe fiduciary duty?

To be clear, this question is specifically about whether a lawyer owes the heirs of a probate estate a fiduciary duty, and not whether a lawyer owes a fiduciary duty in other contexts, such as to the beneficiaries of a trust when hired by a trustee, or a ward when hired by a guardian or conservator. The answer varies depending on each different circumstance.

Does a probate attorney have a fiduciary duty?

Turning back to the question, whether the probate attorney owes a fiduciary duty the heirs of the estate depends on the state in which the estate is being probated. Only a few states require the lawyer to meet the same fiduciary duty to the estate heirs as the Personal Representative . These states believe that since the Personal Representative owes a fiduciary duty to the heirs and the lawyer owes a fiduciary duty to the Personal Representative, the duty flows from the Personal Representative to the lawyer.

Does a probate lawyer owe fiduciary duty to the estate?

Most states, (including Maryland and the District of Columbia) however, take the position that the probate lawyer does not owe a fiduciary duty to the estate heirs. These states view the fiduciary duty owed by the Personal Representative to the heirs as unique from the fiduciary duty owed by the lawyer to the Personal Representative. Also, these states want to maintain the Personal Representative’s ability to have protected communication with the attorney.

What is real estate lawyer?

Real estate lawyers handle a variety of matters. A commercial real estate attorney handles matters related to commercial property, such as developing retail stores, office buildings, and entertainment venues. A residential real estate attorney handles matters related to single-family and multi-family homes. Some real estate lawyers handle transactions involving all types of real property. Other real estate law firms may focus on issues related to real estate taxes or setting up real estate LLCs.

What is the job of an attorney?

An attorney’s job is to protect his or her client’s best interest. The attorney cannot do that when the attorney represents parties that have adverse concerns. Throughout a real estate transaction, the attorney provides sound legal counsel to his or her client.

Why Do You Need a Real Estate Attorney?

Therefore, you need someone who is protecting your best interests and offering sound legal advice throughout the process.

How Much Does a Real Estate Attorney Cost?

Real estate attorneys charge different fees for services. Some real estate lawyers charge flat fees, while some lawyers charge by the hour. Before hiring a real estate attorney, make sure that you discuss the fees for each service and payment arrangements.

What is the role of an attorney in real estate negotiations?

An attorney performs due diligence to protect the client’s best interest while giving the client legal advice regarding the real estate matter.

Why is it important to have an attorney review a real estate contract?

It is important to have an attorney review a real estate agreement before signing the contract. Breaching a contract (failing to perform the terms and conditions within the contract) can result in costly real estate litigation and damages.

What are the elements of a real estate contract?

The basic elements of contracts include an offer, acceptance, consideration, mutual assent, capacity, and legality.

What to say in a letter to executor of estate?

If the probate estate is in one of the majority states, the first letter from the attorney should start with a sentence that reads, “I have been retained by Mr. Smith, Executor of the Estate of Ms. Smith. It is important that you understand I do not represent you.” Otherwise, call and ask.

What is the first step in probate?

Whether you are the Executor or an heir of the probate estate, knowing the lawyer’s role is one of the first steps you should take at the beginning of the probate process. One of the biggest sources of conflict in probating the estate is understanding the role of the lawyer hired by the Executor of a probate estate.

What are fiduciary duties?

Also, before answering the question, it is helpful to have an idea of some common activities created by fiduciary duties in the context of probating an estate: 1 Duty to communicate: a duty to notify the beneficiaries the estate exists, identify the Executor, provide a copy of the inventory, provide copies of court filings, generally explain documents that require a beneficiary’s signature, etc. This duty to communicate is not the same thing as an attorney-client relationship, which means there is no attorney-client privilege and the attorney cannot give legal advice. 2 Duty to account: provide regular estate accountings, which includes explaining funds paid out of estate accounts for expenses. 3 Duty to treat all beneficiaries equal: distribute estate funds at the same time, if a question arises as to how something in the Will is to be interpreted the attorney cannot interpret it, the court must interpret it.

Does a lawyer have a fiduciary duty to the heirs of a probate estate?

Turning back to the question, whether the lawyer owes a fiduciary duty the heirs of a probate estate depends on the state in which the estate is being probated. Only a few states require the lawyer to meet the same fiduciary duty to the estate heirs as the Executor. These states believe that since the Executor owes a fiduciary duty to the heirs and the lawyer owes a fiduciary duty to the Executor, the duty flows from the Executor to the lawyer.

Do lawyers owe fiduciary duty?

To be clear, this question is specifically about whether a lawyer owes the heirs of a probate estate a fiduciary duty, and not whether a lawyer owes a fiduciary duty in other contexts, such as to the beneficiaries of a trust when hired by a trustee, or a ward when hired by a guardian or conservator. The answer varies depending on each different circumstance.

Do executors understand probate?

Many Executors do not understand the probate process and leave the tasks up to the lawyer. The heirs of the estate may hear only from the lawyer or may hear the Executor say, “This is what the lawyer says we have to do.”.

Does the executor owe a fiduciary duty to the heirs?

These states believe that since the Executor owes a fiduciary duty to the heirs and the lawyer owes a fiduciary duty to the Executor, the duty flows from the Executor to the lawyer. Most states, however, take the position that the lawyer does not owe a fiduciary duty to the estate heirs.

What Is A Real Estate Attorney?

A real estate attorney, also known as a real estate lawyer, is someone who is licensed to practice real estate law, meaning they have the knowledge and experience to advise parties involved in a real estate transaction, such as a home sale or short sale.

Why do you need an attorney for a home purchase?

Here are a few reasons you might need or want an attorney to be part of your home buying team: State or lender requirement: Every state has slightly different laws regarding real estate transactions, and some states consider certain actions that are part of the process to be “practicing law.”. These regulations are often meant to prevent real ...

How Much Does A Real Estate Attorney Cost?

How much you’ll spend paying your real estate attorney (or attorneys) will depend on what services they’ve provided for you and who is responsible for that particular closing cost. If your mortgage lender requires an attorney to be present at closing, whether the buyer or seller covers the cost of the closing attorney will depend on how your real estate contract has been negotiated.

How to find out about an attorney?

Use an online legal review site: There are many online review websites that will give you information on attorneys in your area, including their specialties, fee structures and any reviews left by former clients.

How to find a real estate lawyer?

Utilize your state’s Bar association directory: Your state Bar association’s website can help you locate lawyers in your area who practice real estate law. Use the American Bar Association’s directory to help you find your state’s website.

Who is in charge of closing a home?

In some cases, a real estate attorney is also the person who’ll be in charge of your closing. In a home purchase transaction, both the buyer and seller can hire an attorney to represent their interests during the process. Or, in the case where an attorney is overseeing a closing where the home is being purchased with a mortgage loan, ...

Do you need an attorney to close a home?

Certain states may also consider performing a home closing to be a practice of law, and as such, an attorney may be required to be present during closing. If you’re getting a mortgage with Rocket Mortgage®, we require you to have an attorney conduct your closing if the subject property is located in any of the following states: