Legal Question in Wills and Trusts in Pennsylvania

As a beneficiary of my mother's estate do I have equal access to the counsel of our estate lawyer or is his allegiance only to the executors. The estate is in PA, I am in Florida and my brother is Philladelphia. My two sisters are the executors, but the lawyer isnot answering our emails.


Asked on 10/01/11, 3:09 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Are your siblings communicating with you? You should be able to get a copy of the will.

The lawyer for the executors (who are acting on behalf of the estate) may communicate with you, but is not your lawyer and cannot give legal advice to you.

If you have concerns about how the estate is being administered, consult your own PA lawyer in the county where the estate is opened - that should be the same county where your mother resided.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 10/01/11, 4:12 pm

Your answer is it depends. The estate lawyer works for the estate, not the beneficiaries. Some lawyers may answer questions, but if they do, they are going to bill the estate for it. Other lawyers may not have any contact with you at all as you are not the lawyer's client.

If you have questions regarding the estate, then direct your questions to the personal representative and he/she can always consult with the estate attorney if needed. That way, you will minimize any unnecessary expense to the estate.

If the personal representative will not speak to you, then I am afraid it will be necessary for you to obtain your own probate legal counsel in Pennsylvania. If needed, the attorney can assist in monitoring the estate and can move to remove the personal representative if he or she is not doing his/her job.

If the lawyer is ignoring emails from the personal representative, then the personal representative needs to fire the lawyer.

Read more
Answered on 10/02/11, 10:28 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania