Q: Lawyers hired by Probate Executor...
In will, the deceased named a non-family friend executor of will. The executor hired a law firm for probate.
Does the law firm have fiduciary responsibility to the Executor or to estate (beneficiaries of) ?
Does the family have recourse if they feel process (actions taken by the executor) are benefiting the executor and not done in best interest of estate (beneficiaries of)?
A: Attorneys for the executor are not fiduciaries. Attorneys for the executor get paid from the estate but only after court approval of their fees. Any beneficiary of the estate can file their objections to the reasonableness of the fee request. Statutory fees are reasonable by law.
A:
Hello,
Since the executor retained counsel, the counsel reports to the executor who represents the estate.
the family can retain their own counsel if they feel that the executor is not acting appropriately and can advise the court.
A: Since the executor hired the lawyer, the lawyer's duty is to his/her/their client (the executor.) If the family needs to sue the executor, the family would have to hire its own attorney. It would be a good idea to hire a probate litigator to see if your concerns rise to the level of a breach of the executor's duties or if the decisions made by the executor fall within the discretion given to executors in some situations.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
