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What legal action can I take if current probate attorney is siding with other PR and not making me privy to decisions.

Miami, FL |
Filed under: Estate planning Probate

My sibling and I don't really know each other and are at odds. We are both PRs of my father's estate, but my sibling hired the attorney that is representing the estate. The attorney continually sides with my sibling and keeps me in the dark about most everything pertaining to my father's estate. My sibling took all paperwork pertaining to my father and I have nothing. I want a new lawyer, don't have money, and am being severly run over in the process. What can I file with the court to get the attorney removed, obtain the paperwork from my sibling or get the current attorney to share "all" information with me?

Attorney Answers 4


  1. It is certainly not unheard of for co-PRs to each have their own attorney. Perhaps you should explore that option if for no other reason than to bring things to a settled conclusion. This should be an expense of the estate.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  2. I agree with Attorney Zelinger. As a Co-Personal Representative, you have the legal authority and responsibility to be privy to any actions of the estate, and even partake in any decision in which a Personal Representative is entitled to partake. Having said that, the current attorney is likely to view himself as counsel for your sibling moreso than for the Estate.

    It may be a good idea for you to retain your own legal counsel. As a Personal Representative, such legal fees and costs would be paid by the Estate, as a general rule. In fact, if you do not take action to make yourself more involved, you may find yourself liable for your "inaction".

    An alternate idea would be to simply resign as Personal Representative. Your interests as a beneficiary will not change, though you would give up a decent amount of control and knowledge of the on-goings of the Estate.

    marcos@martinezanda.com Office tel: (561)245-4723 Website: www.martinezanda.com. The answer provided does not create an attorney-client relationship, nor is the answer provided intended to be relied upon as legal advice. The information provided by the questioner is insufficient to serve as the basis for meaningful legal analysis. It is the questioner's responsibility to seek legal advice from an attorney who has had the opportunity to familiarize herself with the full details of the questioner's case. By providing these answers, I am not obligated to respond to any subsequent communication from the questioner. If the questioner would like me to serve as their legal counsel and render legal advice, they will have to sign a retainer agreement. The questioner is free to contact my office for a complimentary 30 minute consultation.


  3. I agree with Attorney Martinez. Given the fact sensitive nature of your matter, and that you do have responsibilities as a personal representative, I would suggest obtaining your own counsel as personal representative.

    The information contained in this answer is not,nor is it intended to be, legal advice. Please consult an attorney for information related to your specific situation. Further, this answer does not form an attorney-client relationship between the attorney and the individual(s) or entity requesting information.


  4. An attorney cannot represent two different PR's that are at conflict-you should definitely get your own attorney under these circumstances.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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