Legal Question in Wills and Trusts in Michigan

Is the lawyer hired by the estate there to protect the estate. If he/she knows the PR has not followed the will and has also went against what he(the Lawyer said to do, does the lawyer have obligation to ask for court appointed PR? Is it the job of the Estate lawyer to uphold the deceased persons will and the laws of the state?


Asked on 1/30/16, 12:47 pm

1 Answer from Attorneys
John Tatone John R. Tatone & Associates PLC

The lawyer represents the PR not necessarily the estate. The PR owes a fiduciary duty to the estate. Although the attorney is not under a duty to ask the court for a new PR, He/she should withdraw as attorney for the client if the client is not acting appropriately under the law. I could act as attorney for any 1 of he heirs and request removal of the PR if appropriate. Please contact me at 888-988-LAWS (5297) or [email protected] if you would like to discuss this in further detail.

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Answered on 1/30/16, 4:17 pm


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