Legal Question in Personal Injury in Massachusetts
probate
can the attorney representing an estate negotiate a sell out of one heir's portion to another equal heir to said estate or is that attorney exclusive to the executor
2 Answers from Attorneys
Re: probate
It is not entirely clear what you mean by "sell out". It should be noted that the attorney does not represent the estate, but represents the executor in carrying out his or her duties.
If you have a specific question about some action taken by the executor, please feel free to contact my office.
Re: probate
Sure. The estate attorney represents the estate. If one heir agrees to sell to another heir and the estate attorney draws a deed there effectuating their agreement this would not appear to be a problem. If either heir objects then that heir should get hire his own counsel. I don't really see a conflict, but if there is one it can be waived by agreement. Regards, John Stewart.
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