Sanford, ME asked in Estate Planning for Florida

Q: If I paid a lawyer a retainer fee to help me and my nephew with an estate is he the client or am i

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: While you may pay for the attorney, it should be clear in the engagement contract whom they are representing in the probate or applicable matter. Are you or your nephew the estate Personal Representative, the trustee of a Trus, an interested party or beneficiary, also, at what point do your interests potentially conflict and that is why most parties should have their own attorney in such matter. If this is a probate, the attorney will represent the Personal Representative (Executor) and the estate, not the interest of beneficiaries, so it depends is what I am saying based on above and additional details that would need to be forthcoming and clarified.

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