Can estate attorney still handle estate matters if executors have their own attorneys?

[need2consult]

An estate including the sale of a house is getting dicey. It's a no will left estate which leaves co executors. We agreed to one attorney in begining to handle all estate related matters. Now another executor wants to fire the attorney and bring in their own/friends/contacts etc. I said no so now they are consulting their own attorney on individual issues and refusing to speak to the attorney. Ironically they chose the lawyer they want to fire.

Too man legal issues seem to be popping and we cannot agree on strategies and decisions too many times. Numerous other issues involved including a crap realtor, back taxes, debt ie. Other party wants full control, I'm not giving it.

Can the original estate attorney still handle estate matters like prepare and handle taxes, review documents to close the estate while all the individuals involved having their own attorney?

 

[quincy]

An estate including the sale of a house is getting dicey. It's a no will left estate which leaves co executors. We agreed to one attorney in begining to handle all estate related matters. Now another executor wants to fire the attorney and bring in their own/friends/contacts etc. I said no so now they are consulting their own attorney on individual issues and refusing to speak to the attorney. Ironically they chose the lawyer they want to fire.

Too man legal issues seem to be popping and we cannot agree on strategies and decisions too many times. Numerous other issues involved including a crap realtor, back taxes, debt ie. Other party wants full control, I'm not giving it.

Can the original estate attorney still handle estate matters like prepare and handle taxes, review documents to close the estate while all the individuals involved having their own attorney?

Has the original estate attorney been fired?

 

[FlyingRon]

You need to explain what state this is. Your second sentence makes little sense (grammatically or legally). Are you saying the person died without a will (intestate)? It would seem unlikely there are "co executors." There may be multiple HEIRS, but that's different than being an executor. Certainly, the heirs can have attorneys to represent their interests, but that doesn't remove the authority that the actual executor and that estate attorney has.

 

[quincy]

The state is Pennsylvania.

 

[FlyingRon]

OK, PA. Letters of administration may indeed have been granted to multiple heirs. Who hired this attorney that you want to do away with?

 

[need2consult]

Has the original estate attorney been fired?

Not yet. I don't want them fired. The other party does. The other party has trying to force their way from day one. So last week one of the issues involving the realtor we both want fired he said he wanted another attorney after ours said for now the contract keeps them hired. Problem is some things were done verbally or no written confirmation was ever sent out to either one of us so some things are hard to proove.The other party wants a super aggressive tv lawyer but in reality most lawyers need and use documentation. There won't be that Perry Mason gotcha moment. The realtors told us go to court if you want the issue resolved.

Should note the other party has a history of drug/alcohol abuse and all that comes with it. They have been calling the realtor daily trying to micromanage them. Problem not only have we caught the realtor in lies the other executor can't be trusted for the truth either. One day they're fighting, the next their buddies. Information from either one isn't lining up and both will lie and decieve. Since he's admitted to talking to other lawyers even trying to minimize or disguise it as casual conversation while socializing it's still basically using "free" legal advice. I want up front official legal representation so I don't get robbed blind or in legal trouble.

 

[need2consult]

OK, PA. Letters of administration may indeed have been granted to multiple heirs. Who hired this attorney that you want to do away with?

We hired them but the other chose/demanded him with referrals and their per hour price, said don't want a cheap attorney-actually they've turned out to be quite fair.The referral was from an old attorney from their previous legal issues. I had started a search and would've preferred a random choice after 'shopping' to avoid conflicts so we could say we both agreed. One day he said I scheduled a appointment with this guy today. Common tact he got from trying to get people to give them money is put them on the spot and don't give time to think and I caved but the lawyer was legit after some quick research.

I want the attorney but the other executor doesn't because they want a super aggressive grand standing tv lawyer but is not reality. Should note some how both the other executor and the realtor threatened each other with lawyers and lawsuits for at least a week after issues. Knowing the co executor it's not prudent to act on all or the first words out of his mouth ie trash talk.

Everyone has a power of attorney/short certificate for estate matters.

 

[need2consult]

Should note since the estate attorney represents everyone he has to take a conservative approach to things. He's been very helpful and straight forward with me but theres only so much he can do push thing for me, he's not just my advocate. I just want an attorny for more regular consults everyday it's seems something new along with more extreme behavior from co executor. I have one in mind, it's just a matter of metaphorically pulling the trigger because after i do the other executor will throw another fit, it will be war but it's just to get the estate closed, through probate.

It's not about the amount of money but I do want my share now and be done with the the associated business of an estate. It's 2 years which is long enough setting aside back taxes, debts and administrative duties. Time to move on.

 

[quincy]

Are there estate assets enough to support your hiring of your own attorney to look after your interests? If so, you can hire your own attorney so you do not have to deal directly with the other co-executor. That can work to reduce your stress considerably.

 

[need2consult]

I'd be hiring with my own money for now. Estate assets are another issue. This was going to be a 6-9 month process, sell house, pay debts, close the estate. Now it's 2 years and estate assets are running low/accounted for. And now the other executor is crying we should've invested the assets ie stock market etc. And he's implied and accussed me of stealing on more than one occassion-I did not. Account statements clearly show that. He's paranoid even accusing the deceased parent of things. Another issue, they want to turn the house part into tv show flip with estate money but it's too risky and the house has more than dated look issues(nothing major but won't be an hgtv house)

 

[adjusterjack]

It's not about the amount of money

It's always about the money.

I do want my share now

Like I said, it's always about the money.

Time to move on.

Which one of you actually got appointed by the court as representative of the estate?

And please stop referring to parties. Refer to yourself in the first person. Refer to your brother(s) or sister(s) as "my brother" or "my sister." Or whoever else is an heir.

 

[need2consult]

Both got power of attorney short certificates for estate matters ie co executors. Being general for at least some confidentiality.

It is about the AMOUNT of money. And principle. The other wants more, alot more along with unrealistic expectations about what the estate was/is worth. Small insurance policies covered the funeral that's about it. The other party has almost none of their own money in the house or estate. I covered many expenses under the premise we'd be done in 6-9 months, not two years. The other has used the house, utilities with zero reimbursement. He was actually mad I didn't buy them out I mean temper tantrum mad for weeks and then I would've been stuck with an eviction process. At the sametime they wanted the house for a crash pad and storage which they were doing for decades to the shagrin of the parents so they also slowed down the process as much as they could.

 

[FlyingRon]

Powers of attorney from whom? Powers of attorney grant authority for someone to act for another (living) person, not estates. Or are you referring to letters of administration?

If you need confidentiality, you'd best be speaking to your attorney who is bound by law to such.

 

[need2consult]

Powers of attorney from whom? Powers of attorney grant authority for someone to act for another (living) person, not estates. Or are you referring to letters of administration?
...

Maybe it's the wrong term but we certificates authorizing us to conduct business on behalf of the estate from the state.

 

[FlyingRon]

Those are letters of administration.