Q: Am PR for my late father’s estate for almost 3 yrs now. Difficulties working with estate attorney. Options?

A: There should be no difficulties if you are the Estate PR for probate, the attorney works for you and the estate, if the attorney is not responsive you as the named PR, then it is likely that you should and need to get rid of the estate attorney, their duty is to represent you as the PR, if they are not doing their job and being responsive then they likely need to be replaced. As PR you cannot even get another attorney as you are deemed represented already by this attorney, he would need to be fired first. Unless your estate is extremely complicated it probably should not be taking 3 years to resolve and address as well a probate.

A: Your option is to change your estate attorney.

A: One time in my 28 year career I did recommend that my PR client retain a separate attorney to represent them in their capacity as an heir for the limited purpose of explaining how a life estate worked, because they did not agree with my explanation and thought that I was somehow working on behalf of the remainder beneficiaries (which were universities). I had explained that I had a fiduciary duty to all the beneficiaries even though I represented the PR in their capacity as PR. The problem was that when the client went to this other attorney--a real estate attorney--for the explanation of the life estate the PR was to receive, the other attorney thought that the PR was firing me and retaining them as successor legal counsel for the PR. I had to call the other attorney and straighten it out. The other attorney had billed my client for a retainer as if they would be counsel for the PR, etc., so it required some undoing. That shows how rarely that a PR would retain separate counsel for themselves as a beneficiary, but it is not out of the question. If you are in fact in conflict with the estate as a beneficiary, then you may indeed need separate counsel to represent your interests as a beneficiary. So long as you are not in conflict with the estate attorney, for the specific issue in question, you should be able to continue to work with your current estate attorney to get the estate resolved and closed even if you decide to get legal advice from a separate counsel in your capacity as a beneficiary. However, if you are not in agreement with your attorney on an issue and you are not wanting to follow your attorney's advice, this usually leads either to the attorney withdrawing or the client firing the attorney and hiring someone who will advocate for your legal position.

A: As the Personal Representative you are free to engage any attorney you desire to assist you with the probate process. I would express my concerns first to your current and then, if necessary, you can hire a replacement attorney. You must have an attorney assist you through this legal process.