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Who is responsible for answering my questions, as a beneficiary? The attorney for the PR or Personal Representative?

Tallahassee, FL |
Filed under: Probate

What does the law in Florida state? Who is liable for responding to my written questions?

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Attorney answers 3

Posted

The PR and not the PR's attorney. Remember that the attorney/client privilege exists between the PR and the PR's attorney.

Also note that the PR may not necessarily have any duty to respond to your questions depending on the circumstances and what it is you are asking. You may be well advised to speak to a local probate attorney yourself if you believe you are entitled to answers but are not getting them.

Posted

Mr. Merril lays out the rules here. This is why you need your own estate attorney to examine and stay on top of what is going on with the estate. These others do not necessarily have your best interests in mind.

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Posted

Depending on your question the PR may choose or be obligated to answer it if asked or presented to them correctly. The attorney for the PR does not have any duty to answer your questions unless the PR gives them permission and the Attorney decides it is not a conflict or will not create problems.

Often the attorney for the PR will entertain some initial discussions but is under no obligation to do so other than by sending the required notices and accountings that a beneficiary is entitled to.

Beneficiaries often hire their own lawyer to represent them, to obtain information in a timely manner, and to make sure that their rights are not being abused.

My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

Asker

Posted

Thank you. The asker should get an attorney or communicate directly with the PR if possible. She should know her rights don't extend to demanding answers to all her questions.

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