Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. Ray here to help you today.
The guardian should file a final guardianship accounting separate from probate.If there is a probate to be opened--ward here had assets then that is a separate case with separate personal representative named in will.If there is no will then anyone including you can apply to be personal representative.
There is potential for conflicts if the same person is both guardian and personal representative and same law firm.You are free to write the judge about your concerns or get your own lawyer to raise these and seek a different personal representative.You have the right idea here that there is the same persons watching each other.A different personal representative to me would be a great idea and possibly a different estate lawyer too.
It would leave the potential appearance of a lack of independence here, having different persons and lawyers is a reasonable request assuming there is a fairly sizeable estate left here.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
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