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Estate lawyer vs. debt lawyer

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B

Beneficary

Guest
What is the name of your state?What is the name of your state? California

Can an estate attorney who represents a sole executor also represent the sole executor in his individual capacity as major debtor to the estate? In this case sole executor originally had a estate lawyer and a debt lawyer. Estate lawyer fades away(no correspondence or notice) and debt lawyer is now doing both functions including mading distributions. When estate is billed by either the sole executor or debt attorney I have no way of knowing if it for estate matters or matters concerning his individual capacity as a debtor to the estate. Stinks to me.
 


Dandy Don

Senior Member
You have the right to request corrected invoice billings that mention at least a basic description (2 words or more) of whether the services were performed as debt attorney or estate attorney. And you also need to ask the other original lawyer exactly what his current status is--is he legally advising the sole executor or did he prefer to back away and is there any type of official or unofficial agreement with the debt attorney to advise about estate matters?

Find out now whether the executor for this estate is bonded so that you can consider whether you want to ask the court to request bond in this case, or when probate is finished have a third party review the accounting documentation in the file to make sure everything has been done correctly. Yes, it does seem as if attorney is trying to drain this estate with improper billings.

DANDY DON IN OKLAHOMA ([email protected])
 

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