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?