You haven't added any details so I must make an educated guess as to why that situation would occur. It would make sense if you are calling too frequently and with unnecessary questions. The probate process generally runs along at its own speed and follows an extremely predictable pattern. Part of an attorneys usual representation of an estate is not fielding a high volume of questions from the beneficiaries. The executor has the authority to settle the estate once they have been appointed by the court and as long as they are progressing with as much expediency as the court process allows then you should direct your questions to the executor. However, you must listen to the answer and be patient as long as the executor is performing her tasks properly.
If you have a legitimate concern that the estate is not being handled properly then you can file a motion with the court to have the executor removed and a successor appointed. You can even hire your own attorney to represent the estate. However, in order to be successful, you will need compelling evidence.
The attorney has a fiduciary-client relationship with the executor. Note that if a beneficiary believes they have a valid cause of action against the executor for mishandling the estate the beneficiary must retain their own legal representation. The attorney who is handling the estate will represent the executor.
That is a terrible idea. Having the same attorney write the will, act as executor and be named beneficiary would leave the will wide open for challenge. You should have an objective third party draft the will and follow their advice about naming the executor.
The executor now controlling the estate has to do the transfer but if they had an executor, there is probably also a will, attorney, and a beneficiary (ies)
Yes. An executor may also be a beneficiary.
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.
No, the executor works for the estate. The estate will pay the executor a reasonable fee. The beneficiary has limited direction that they can give the executor.
No. That would be a breach of their fiduciary duty.
An adult child can be the executor. They can also be a beneficiary. They are required to be impartial when distributing the estate.
No. Only the court can appoint an executor. You could petition the court to name your sister as co-executor but make certain you provide a good reason to support your request.
The beneficiary has not control over the will. The court will determine who the executor will be.
It is relatively common to for a beneficiary to be executor. They are more likely to get the estate closed quickly.