Willan estate’s attorney represent all heirs against an heir contesting a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Willan estate’s attorney represent all heirs against an heir contesting a Will?
My father’s Will is being contested by my sister citing “undue influence”. His second wife is named executor and was left 20% of the estate; I was left 20%; and my sister was left 60%. This Will was made in 03/10. A prior Will made in 2007 left everything to my sister. My father died on 09/26/10. The attorney handling the estate is the attorney who wrote the Will. Do I need separate representation or will the estate’s attorney defend the Will?
Asked on November 11, 2010 under Estate Planning, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The estate's attorney will usually defend the will. That does not mean necessarily that he (or she) personally will take on the defense; someone attorneys are good at administration and drafting wills, others are good at litigation, for example. So the estate's attorney may choose to retain other counsel for the actual defense, but still, would normally be on the side of defending the will against challenges.
However, the best way to know for sure is to ask the attorney about what position he will take and about whether you, as an heir with an interest in the will, might want to retain your own counsel to make sure that your interests are represented. (I suspect you might.) Attorneys are usually good about disclosing who and what they can represent, since conflicts of interest are one of the things attorneys can be disciplined for.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.