Selecting Attorney for Estate Settlement

[VSPeck1]

What is the name of your state? Indiana - A few weeks ago a friend of ours had her mother pass away. The attorney that had been settling the estate for the uncle came to the surviving daughter and told her that she and her brother needed to sign documents giving him the authority to settle her mother's estate because they both had to be physically present to sign to open the estate. The girl is young and was in a state of shock and signed the documents. A few weeks later he came to her and told her that she owed him $25,000. All of this sounds fishy to me. Do both heirs have to be physically present to sign to open an estate in the State of Indiana? I feel like this guy is trying to take advantage of this woman.

 

[Dandy Don]

Then that is why she needs to consult with her own local probate attorney so she can get her questions answered honestly.

So who originally hired this attorney to handle the uncle's estate?

She is not personally liable to pay this attorney out of her own funds, but the attorney can be paid by the estate if it has enough funds to cover this expense. The attorney will submit his bill to the executor for payment if anyone ever opens up the estate for probate. The silly attorney should have explained this to her--if the attorney asks her again for payment, tell her to tell him that the estate will pay the bill after consultation with her own attorney.