Legal Question in Wills and Trusts in Massachusetts
estate / probate
isn't true that the estate attorney has an obligation to the integrity of the entire estate and not just the administratrix? I have on several occassions tried to prove to him that administratrix is guilty of wrong doing and acting on behalf of her own best interest and not the estate, he refuse's to look at or hear my evidence of said wrong doing. I am forced to ask the probate court to intervine on behalf of the estate . will this attorney be allowed to continue in his posistion? let me add that the evidence is overwhelming and i am positive the administratrix will be forced to step down once the court hears the evidence
1 Answer from Attorneys
Re: estate / probate
You are correct in your thinking. The attorney for the executor or administrator of an estate owes an obligation to the executor or administrator in their official capacity, and does not represent their personal interests with respect to the estate. The attorney is charged with ensuring that the estate is administered in an orderly fashion, consistent with governing law. You cannot remove the estate's attorney, but you do have a right to seek removal of the executor or administrator through a petition filed with the probate court.