When handling an estate who does the attorney represent, the executor or estate?

UPDATED: Jan 29, 2014

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When handling an estate who does the attorney represent, the executor or estate?

If the estate how does confidentiality work? How is full disclosure guaranteed? I believe executor is not disclosing all assets nor will they. What can be done? They conveniently don’t know anything I question them about (things deceased told me).If this same person (executor) had POA before persons death can he be required to show all records from when POA was used? Executor lives out of state. Executor emailed heirs and asked if it was ok to “gift” things to certain people.I denied. Items missing and now he claims that he “paid” them for cleaning out the house with these items.Executor has an “I’m the boss don’t question me attitude.”

Asked on January 29, 2014 under Estate Planning, Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In a situation where there is a probate of a matter, the attorney represents both the estate first and the executor second. All beneficiaries of the estate should be entitled to see all communications between the executor and the attorney for the estate. The executor is required to provide all information to the beneficiaries of the estate.

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