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When a lawyer represents an estate does he represent the executor and the beneficiaries?

Scarsdale, NY |

estate in initial stages of going through the court. executor is included as one of the beneficiaries, four other beneficiaries. who is the lawyer representing ? does he have a legal responsibility to all the beneficiaries or just the executor?
can a co-op held within the will be disposed of at this point and the monies held in the estate until estate is settled? can it be transferred or given to someone at this point by the beneficiary of the co-op? co-op fees being paid by estate at this point which is depleting funds . 4 of us have no financial gain from the co-op but are paying from what would be our inheritance. executor gets the co-op. any way legally to get paid back the fees from executor?

Attorney Answers 4

Posted

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. The attorney can review the will and well as the co-op rules and help you understand how the process works.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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Posted

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.

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/

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Posted

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. There are options, such as an intermediate distribution, compelling an accounting, reaching a voluntary agreement and many more.

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Posted

The lawyer representing the executor does not represent any other beneficiary. The lawyer has certain duties of fair dealing with the other beneficiaries, but in any kind of dispute with the outcome of the dispute not known, the other beneficiaries need their own lawyer.

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