I am a personal representative of an estate. The insurance company appointed the attorney working on the estate. What should I do if I don't like the attorney because he is showing favortism to my brother the beneficiary, and I don't have the money to hire my own attorney?
3 Answers from Attorneys
If you are the personal representative (PR), how did the insurance company get involved. As the PR you call the shots-not the insurance company. When you say favoritism, what do you mean? The PR must abide by the terms of the Will or if there is no Will, then by the FL intestacy laws (where a person dies without having a Will). What is it about the attorney that makes you believe that there is “favoritism?”
Your question is unclear about how you got appointed and yet the beneficiary is your brother. This needs some explanation. The attorney representing you needs to be someone you trust. The insurance company if they are paying for this should understand and want you to be comfortable as well. I would discuss the issues with the insurance company and the current attorney.
In Florida, attorneys administering the estate of a deceased are obligated to represent the personal representative, which in this case would be you. I believe in some states, the attorney administering an estate may represent the best interest of the deceased's estate, but this is not the case in Florida. If you feel the attorney is not representing your best interest, then you should terminate the relationship and seek a probate attorney on your own. I would recommend seeking out a few attorneys who offer free consultations, and meeting with them. Do not sign any documents until you find an attorney you like.