Talking to the attorney in charge of the will

[confusedinMN]

What is the name of your state? Minnesota

If I am not an executor, do I still have the right to speak with the attorney for the will?

If I do speak to them, does it have to be known to the executors or can it be a private meeting?

 

[anteater]

1) You do not have a right to speak to the estate attorney. The attorney works for the executor(s). You can always request a meeting with the estate attorney. The attorney may or may not meet with you.

2) If I had an attorney working for me and they met with other parties about my case without inviting me or communicating everything that was said, they would not be my attorney for long.

 

[confusedinMN]

Thanks for replying again anteater. It just doesn't seem right. It was my mother who hired the lawyer to begin with, and had worked with him for around 20 years. To me it just seems that the lawyer should be available to ALL of the heirs / children named in her will, not just the ones named as executors. I'm getting an education.

 

[anteater]

Don't get me wrong. The attorney may well meet with you. He may listen to your concerns and take them seriously. He may even try to play consilgiere, try to do a little "family therapy," and mediate between you and the sibling executors.

On the other hand, he does work for the executors and, in most states, what an executor is legally required to communicate to beneficiaries during probate is pretty minimal.

 

[confusedinMN]

Continuing question

That still doesn't seem right. As an equal 1/4 heir of all my mother's property and belongings, isn't it now MY money that is paying the lawyer and the executors, and shouldn't I have a say?

Now another thing has come up. There is property other than the house that my mother left us, to be shared equally by all 4. That property just was sold by the executors, but what I was told is that they drew up the sale contract so that only the two of them have to sign it, not us other 2. Is this right? I am 1/4 owner of that land and I can't believe they can sell it without me seeing or signing the sale papers.

 

[BlondiePB]

That still doesn't seem right. As an equal 1/4 heir of all my mother's property and belongings, isn't it now MY money that is paying the lawyer and the executors, and shouldn't I have a say?

Now another thing has come up. There is property other than the house that my mother left us, to be shared equally by all 4. That property just was sold by the executors, but what I was told is that they drew up the sale contract so that only the two of them have to sign it, not us other 2. Is this right? I am 1/4 owner of that land and I can't believe they can sell it without me seeing or signing the sale papers.

You need to go to the library or a bookstore such as Barnes & Noble, acquire a book about probate, and read it. It is the estate that is paying for the lawyer and executors. The lawyer is hired by the executors, not you. The executors' lawyer has a legal obligation to the executors NOT you. You need to hire and pay for your own probate attorney who can speak on your behalf to the executors' attorney. That is the law and the way it is.

Probating an estate is not a picnic. Rather, it is a real pain The executors not only have the right to be paid for such a burden, they deserve to be paid for all that they must do and endure.

It is apparent that there must be language in the will stating that the executors can dispose of the estate property as they see fit. Therefore, your signature was not required to sell the property. The proceeds from the sale of the property goes into the estate account. When all is done, including a final accounting, paying of bills & fees, etc., you will receive your share.

p.s. Barnes & Noble is open late.

 

[anteater]

Or, paraphrasing Yogi Berra, "It ain't your money till it's your money."


(But I thought you said early on that it wasn't about the money?)

 

[lwpat]

(But I thought you said early on that it wasn't about the money?)

For some reason they all make that claim. Its always amazing how the relatives come calling, usually even before the body is cold. Always be sure to leave someone at the house so nothing is removed during the funeral. Bitter experience.