Reston, VA asked in Estate Planning for Virginia

Q: Can an executor refuse to speak with a beneficiary with their own attorney?

My dad passed and his attorney is now the executor of his estate. This attorney was having private conversations with one of my sisters and not sharing information equally. I told him I'd retained an attorney of my own and now he won't speak to me at all. Said he legally can't speak to me because I have my own counsel. I misspoke - I have not retained counsel, because I can't find one who is available to represent me on such a seemingly small matter. Is my dad's executor legally required to provide information or have I given up this right with my outburst?

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: Sometimes, lying is its own reward. The lawyer is not allowed to communicate with a represented client without the permission of the other lawyer. Since you don't have a lawyer, he can't ask for permission. He probably doesn't want to anyway, since he's responsible for keeping his bills down, and you've stated this is a small matter. Nevertheless, if you admit your lie and communicate that you do not have a lawyer, he will be allowed to talk to you.

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