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Can co-executors each seek their own probate attorneys?

Darien, IL |

In addition, one co-executor will use their probate attorney for a family settlement while the other seeks their own attorney for a family settlement. Do they have to use the same probate attorney?

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Attorney answers 3

Posted

No, they do not need to use the same attorney. They are each entitled to separate counsel. In fact, if there is any conflict between them, they CANNOT ethically use the same attorney. This can result in a situation where you have double the legal fees that would result from having one executor. That is part of the price you pay for this kind of set up. It may be worth it, if the decedent did not trust one person to handle it alone. This is one of the practical problems of having co-executors.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Posted

Agreeing with Attorney, I will add that it may be prudent for them to do so in the family settlement context -- if you mean that the family is working toward a global agreement regarding the Probate and/or other non-probate assets of the decedent. (It is not completely clear to me if this is what you mean.)

If you choose, please select "helpful" or a "best" answer, below. LEGAL DISCLAIMER I am licensed to practice law in the State of Illinois and have an office in Kendall County, Illinois. However, I serve clients in many counties within the state of Illinois. My areas of practice involve Estate Planning (Trusts/Wills/Powers of Attorney/) and Probate, Business and Real Estate Counseling. Please take note that the above answer does not create an attorney/client relationship, and that all AVVO responses from both me and my attorney colleagues are for general legal education, only. Information obtained from AAVO or any other internet location should never be used as a substitute for competent legal advice from a licensed attorney that practices in your state. Please also be advised that the passage of time can often diminish the likelihood of success, and some matters will be barred by a Statute of Limitations. So, do not hesitate in seeking an attorney to specifically advise you. Finally, any reference to a specific law or theory of law is my best thought on the topic based upon a brief consideration of the topic, not a complete analysis of your specific situation. Best wishes as you seek resolution of your matter, and I hope you this answer helpful.

Posted

They usually have their own attorneys, but sometimes (after conflict waivers are signed) they have the same attorney.

If this information has been helpful, please indicate below. Stephen Pearcy is licensed to practice law in California. The response herein is not legal advice and does not create an attorney-client relationship. The response is for legal education and is intended to provide general information about the matter within the question.

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