Legal Question in Wills and Trusts in California
I am confused about the hiring of an attorney by the executor of an estate. If the executor of an estate hires an attorney and that attorney is being paid out of the trust of the estate is that attorney representing the heirs of the estate?
2 Answers from Attorneys
No, the attorney represents the executor/administrator in their capacity as executor/administrator. The beneficiaries have to hire their own separate counsel to represent their beneficial interest. This includes the executor/administrator hiring separate counsel to represent their interest as a beneficiary if they are a beneficiary.
The attorney is representing either the executor if a will is involved, and the trustee, if a trust is involved, and is paid from the assets in the estate. The attorney will not take the case if the attorney cannot see a way to receiving payment for his professional services provided.
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