0
Does a lawyer have a fiduciary duty to only the executor of estate or all the beneficiaries of said estate?
Wiki User
∙ 10y ago
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.
Wiki User
∙ 10y ago
Add your answer:
Earn +20 pts
Are beificiaries notified by a lawyer?
Beneficiaries will be notified by the executor. That may be an attorney or a family member, or even a bank.
What is the lawers responsibility over executor over estate?
The lawyer serves as an advisor. They assist the executor with the handling of the estate. They can recommend people to value the estate as well as tax advice.
Must will be probated to become an executor?
In the United States an executor must be appointed by the court. In Canada an Executor can be assigned through the will by the deceased. The executor must prepare all the documents and perform all the due diligence prior to the estate being granted probate by the courts. The executor is the designated person who handles all the affairs of the deceased and is the liaison person between the beneficiaries and the lawyer.
Can a lawyer keep a will from someone?
Lawyers have specific instructions and regulations regarding who they share the contents of the will with. After someone dies, the contents are shared with the beneficiaries and interested parties only. The above answer is correct, so here are just a few details for which the answer was flagged: Before the testator dies a lawyer can keep a will from everyone except the testator if the testator wants it back. After the testator dies, a lawyer can keep a will from everyone except the named executor or other person who has the first obligation to probate the will. After the testator dies, a lawyer representing an executor can keep a will from everyone, even beneficiaries, if the executor directs the lawyer to not to give it out. The lawyer has to go by the client's directives, even though they may be misguided. The lawyer will tell the executor that it is the executor's obligation to give the will to beneficiaries; but it is the executor's obligation to give out the will. The lawyer does not act independently of the executor. Lastly, there is no "law" that specifies whether a lawyer can or cannot keep a will from someone. The above two answers are what I believe to be accurate interpretations of a lawyer's obligations on client confidentiality and scope of authority in representing a client.
When someone died how do you know if he left anything in the will for you?
Typically, the executor of the deceased person's estate will inform beneficiaries mentioned in the will. If you suspect that you may be mentioned in a will but have not been notified, you can inquire with the executor or contact the estate lawyer handling the matter. Additionally, wills are usually filed with the probate court, so you could check there to see if a will exists and if you are named as a beneficiary.
What is the meaning of an executor and responsibility?
An executor is the e person who is responsible for settling the details of a deceased person's estate. There can be a single executor or one or more people charged with this job. An executor can be related to the deceased person, can be a friend or a lawyer, accountant, or other professional. The main requirement is that the person chosen as executor be at least 18 years old and have not been convicted of a felony. If you have been named the executor of someone's estate, you have been given a job of great responsibility. Some of these responsibilities include: paying creditors and taxes on the estate, notifying social security and other agencies of the deceased death, canceling credit cards among other things, and distributing the assets left in the estate.The executor of an estate has tremendous responsibility from small tasks to large ones. the executor of the deceased's estate must make sure all of the deceased's taxes and debts are paid, and then distribute what is left to the appropriate beneficiaries. The executor has a "fiduciary duty" to act in a manner of good faith and impartiality in making sure the wishes of the deceased are carried out to whatever extent possible
Is it illegal for an executor to withhold the name of the lawyer handling the estate from a named beneficiary?
yes
Who pays for lawyer to replace exuector?
The estate pays the executor and the attorney. So it will be a part of the estate settlement and approved by the court.
Who attends reading of will?
Typically, the beneficiaries named in the will, the executor(s) of the will, and the deceased person's attorney may attend the reading of the will. However, in many jurisdictions, formal readings of wills are not legally required or commonly practiced, so most beneficiaries are often informed of the will's contents by the executor after the deceased person's passing.
Can a son in Missouri be executor for estate of parents in Illinois?
I can answer my own question now that I have spoken with a lawyer in Illinois. The answer is yes, I can be the executor of my parent's estate, even though I live out-of-state. Thanks for this forum.
What can I do if the executor won't settle my mothers estate in California?
You can go to the judge or a lawyer and ask to be co executor or to require that the estate be settled. Wills and trusts can be broken, you just have to consult the right person.
What is role of executor?
The executor of a will is the person responsible for making sure the wishes of the testator are carried out. They are responsible for paying off the debts and distributing the assets. They also have to pay taxes and file the appropriate reports with the probate court.
