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Attorney's obligation

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t74

Member
What is the name of your state? TX

What are the obligations of the attorney paid by the estate? Are they representing the personal representative or the estate?

When the person acting as personal representative does not act according to state law and the terms of the will, what should the attorney do when supplied with evidence to that effect by other beneficiaries of the estate?
 


adjusterjack

Senior Member
What are the obligations of the attorney paid by the estate? Are they representing the personal representative or the estate?
Both, actually.

When the person acting as personal representative does not act according to state law and the terms of the will, what should the attorney do when supplied with evidence to that effect by other beneficiaries of the estate?
The attorney has no obligation to do anything for the other beneficiaries until the estate is settled and distributions are made. If the beneficiaries believe that wrongdoing is happening they will need to get their own attorney and take the matter to court.

Quite often the beneficiaries are in a hurry to get their pieces of the pie and toss out unproven allegations when they have no clue as to how the probate law really works.

Are you one of the beneficiaries that think the rep is doing something unlawful? Exactly what do you think he/she is doing or not doing.

Provide details if you wish further discussion.
 

t74

Member
Both, actually.



The attorney has no obligation to do anything for the other beneficiaries until the estate is settled and distributions are made. If the beneficiaries believe that wrongdoing is happening they will need to get their own attorney and take the matter to court.

Quite often the beneficiaries are in a hurry to get their pieces of the pie and toss out unproven allegations when they have no clue as to how the probate law really works.

Are you one of the beneficiaries that think the rep is doing something unlawful? Exactly what do you think he/she is doing or not doing.

Provide details if you wish further discussion.
One of two beneficiaries

Refused to provide copy of will
Failed to provide will to county probate court as required even if no formal probate
No inventory
Incomplete accounting
Given property of the estate to friends without consent of second beneficiary when estate was to be shared equally (PR kept or gifted to her friends property (including family heirlooms, specific requests of second beneficiary, and specific bequests to other beneficiary and extended family) worth tens of thousands and has given second beneficiary property worth less than $500)
PR refused to discuss estate plans with second beneficiary; announced plan to give remainder of funds in the estate settlement account to PR's charity without discussing this with other beneficiary

People believed to be in possession of some of the missing property have been asked to give it to the intended recipients. At least one of these people is in possession of a copy of the will as the POA of the PR The PR advised second beneficiary of this when a copy of the will was first requested.; PR advised second beneficiary/alternate PR that the POA would handle the estate in the event of the incapacity of the PR and refused to provide any information about the location of the deceased documents stating the POA had copies of everything.

Attorney requested signature to acknowledge agreement to estate distribution and "hold harmless" PR;. From initial attorney communication, it was obvious that the PR had not been truthful with the attorney as the attorney stated that second beneficiary had received all property to which entitled. The second beneficiary responded again with reason for refusal to sign with additional evidence to prove attempts to discuss distribution of estate and advising the PR that distributions of property to other than the beneficiaries was inappropriate when it became apparent that PR was gifting property within 24 hours of the death and before any bills of the estate had been paid. An inventory, accounting and copies of estate's bank statements were specifically requested but not provided; PR is known to have made home improvements unlikely to be affordable on own income and had access to this account prior to death.

There has been no response from either attorney or PR for over 6 weeks. The estate is 15 months old. I would have expected the attorney to advise the PR to comply with the law and terms of the will and decline to serve as attorney for the estate when it became obvious that the PR would not do so.

It is unreasonable for the second beneficiary to expect a response from the attorney to the evidence showing the PR has/is acting improperly?
 

zddoodah

Active Member
What are the obligations of the attorney paid by the estate?
That's an incredibly broad/open-ended question. Are you expecting someone will create a list?


Are they representing the personal representative or the estate?
Typically, the personal representative, but the answer could be different in any given situation.


When the person acting as personal representative does not act according to state law and the terms of the will, what should the attorney do when supplied with evidence to that effect by other beneficiaries of the estate?
Depends on the relevant facts and circumstances.

I only skimmed through your follow up post, but if you are concerned that the personal representative of an estate of which you are a beneficiary is engaging in malfeasance, you would be well advised to retain a lawyer of your own to dig into the matter and take appropriate action on your behalf.
 

t74

Member
That's an incredibly broad/open-ended question. Are you expecting someone will create a list?




Typically, the personal representative, but the answer could be different in any given situation.




Depends on the relevant facts and circumstances.

I only skimmed through your follow up post, but if you are concerned that the personal representative of an estate of which you are a beneficiary is engaging in malfeasance, you would be well advised to retain a lawyer of your own to dig into the matter and take appropriate action on your behalf.
You are quite correct about an open ended question. I was looking for what an attorney should do if it is apparent that the PR is not acting appropriately.

I was expecting the attorney once it became apparent that the PR was acting inappropriately to advise the PR to follow the law and recover the improperly gifted property or buy the other beneficiary out of the estate so the property could be replaced and certainly noit ask for a signature allowing the estate to be closed and the PR be held harmless.

An acknowledgment that the communication had been received was also expected. It was sent first via email and when no response had been received after 2 weeks, the same information was printed and sent via priority mail
 

Zigner

Senior Member, Non-Attorney
An acknowledgment that the communication had been received was also expected. It was sent first via email and when no response had been received after 2 weeks, the same information was printed and sent via priority mail
It's entirely possible that the attorney's client told the attorney to ignore it.
 

t74

Member
Theoretically, the property should not have been disposed of until the estate was closed. One concern is the bank account about which the PR refuses to provide any information and has previously said was to be given in its entirety to the PR's charity.
 

zddoodah

Active Member
You are quite correct about an open ended question. I was looking for what an attorney should do if it is apparent that the PR is not acting appropriately.
Indeed. That was understood, and the answer is that it depends on the specific facts.

As for your expectations, for all we know, the attorney in question disagrees with your assessment regarding the propriety of the PR's actions or did give the advice you suggested and such advice was ignored. But all of this is pointlessly speculative.
 

t74

Member
I had figured that the PR was acting against advice until the attorney prepared document to be signed was received.

It is impossible for family to reason with the PR. I had hoped the attorney should/could/sould have done so.

Thanks for the responses.
 

ALawyer

Senior Member
If you believe that the estate had assets of any meaningful value, and the actions of the named personal representative are harmful to you or the estate, you need to retain a lawyer who understands how Texas probate (assuming the deceased was a TX resident) is supposed to operate to protect your interests -- and while you should have done that earlier, at least do so now. The personal representative could be surcharged for his or her mismanagement of the estate. Or your lawyer might tell you that nothing sufficiently improper was done, or at least nothing that is worth making a fuss about.
 
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adjusterjack

Senior Member
Theoretically, the property should not have been disposed of until the estate was closed. One concern is the bank account about which the PR refuses to provide any information and has previously said was to be given in its entirety to the PR's charity.
Your "expectations" are rather naive. Bottom line. Get your own lawyer ASAP or nothing changes. The longer you wait, the more of the estate will be wasted and the more difficult it will be to claw it back without court orders.
 

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