Washington  |  Wills and Trusts

Legal Question

Asked on: 5/07/13, 10:01 pm

If an attorney for an Estate has been informed that an Executor is out of control with Estate Assets, what obligations does the attorney have to the Beneficiaries, if any?

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Answered on: 5/08/13, 4:59 am by Charles Cruikshank

The attorney has ethical duties to advise the renegade personal representative (executor) and to withdraw if the personal representative continues. The attorney does not represent the beneficiaries as his clients and has little more than a duty of honesty to them.


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Cruikshank Law Office-Since 1975 108 S. Washington St. #306 Seattle, WA 98104

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Answered on: 5/08/13, 5:47 pm by Matthew Johnson

I somewhat disagree. The attorney has a moral duty to advise the personal representative to withdraw. However, the attorney "may" (but is not required) to report the conduct if the attorney's services were used to facilitate fraud. Otherwise, all the attorney MAY do is withdraw from representation.


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Johnson Legal Group, PLLC 13751 Lake City Way N Suite 106 Seattle, WA 981213622

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