Estate Law Questions? Ask an Estate Lawyer.
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Can you rephrase that? It doesn't make any sense as worded.
Also, in what type of case would the attorney be representing the deceased ?
I'm still a little confused. An attorney can't represent anyone who is deceased because they can't be a party to a lawsuit. Their estates could be, in the right circumstances.
Whether it would be a conflict of interest depends on what the lawsuit is about and what they are trying to do.
I can answer it for you once you explain the facts.
Can you explain what the lawsuit is about? I have to know that or I can just give you the information on what you look at to determine whether there is a conflict, whichever you prefer.
There is not an automatic conflict of interest with an attorney representing two parties in the same lawsuit.
The only way it is a conflict of interest is 1) if the two parties oppose each other, and 2) if there is a limited amount of money and they are both trying to get all of it.
So if the estate of the two deceased are on the same side of the lawsuit then it is not a conflict of interest.
The law no longer requires a reading of the will.
The attorney for the estate is required to give notice of the time and place for any hearings in association with the will.
There is no requirement that a will be read anymore.
No, all of the beneficiaries do not have to receive their inheritance/benefits before the executor/trustee is paid.
Also, while the reading of a will is not required by law if the executor chooses to do that then the lawyer for the estate would notify everyone of the time and place.
The will itself should be filed along with the Application for Probate so anyone can see it at the clerk of court's office by asking to look at the file.
Did you have additional questions?
Probate is the process where the will is filed with the court and the court then determines that it is the correct will and it meets all the requirements of a will. The court then appoints an executor, usually the one listed in the will if it has one, and then the executor gathers assets, determines who is owed money, pays the bills, and distributes the assets. The court supervises all of this and then signs off on the final order. Of course, it is more complicated than this makes it sounds but this is generally what happens and this is how it happens.
The executor has very little power as to who they pay. The only issue would be whether there are enough assets to pay the heirs. If the assets are there then the heirs must be paid according to the will.
The only way the executor can either pay less or not pay at all is if there are no assets or if the executor gets an order from the court saying that the heir(s) aren't supposed to be paid.
I am about to sign off for the evening. However, I will be back online first thing tomorrow so feel free to ask any additional questions you have in this thread.
If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.
Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.
I am posting this so you can get back here. I saw your other questions but we need to wrap this up here rather than opening new questions. I'll ask them to refund the money for those questions.