Legal Question in Wills and Trusts in Pennsylvania
What are the duties of an attorney as far as the will and the estate?
2 Answers from Attorneys
Once the person has died, the attorney with duties is the one who will be retained by the estate to assist with the estate administration. This may or may not be the attorney who prepared the will.
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.
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Is the attorney also the executor? Or separate? The exeutor's job is to find out what the decedent owned, what he/she owed, pay any just debts if there is enough money and to do what the will directs in distributing assets to the heirs. If there is no will, the the executor distributes the estate as per the intestacy law. The attorney's job is to handle the legal aspect of this by filing the inventory and accounting on behalf of the executor, assist with opening a bank account for the estate, publishing notice in the newspaper and notifying the creditors, assisting with appraisals of property or handling other legal matters like will caveats. That's is basically it. There may be other attorneys, such as where there are complicated tax or real estate issues or where the deceased person has a wrongful death action.