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?
2 Answers from Attorneys
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.
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.