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

Tallahassee, FL |

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

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Filed under: Probate
Attorney answers 3


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.


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.

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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.



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.