Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

If an executor asks questions of the estate attorney, and…

If an executor asks questions...
If an executor asks questions of the estate attorney, and sends those questions in writing, and asks for a response from the attorney in writing via email,
Can the attorney refuse to respond?
And use the reason the she wants a meeting to discuss?
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 26 minutes by:
9/7/2017
Jessica B
Category: Estate Law
Satisfied Customers: 1,111
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed estate attorney. I hope I may be of assistance with your issue. Did you sign an engagement letter?

Ask Your Own Estate Law Question
Customer reply replied 8 months ago
I am speaking in general terms.
Say this is a relationship between an estate attorney and 2 co-executors.

Ok. There is no rule or statute that requires the attorney to respond in writing; however, when hiring an attorney, the client executes an engagement agreement. Within that agreement the client and the attorney may outline the expectations of the relationship. This would include requiring responses to be in writing from the attorney. In all honesty I have never heard of an attorney refusing to answer questions in writing.

Ask Your Own Estate Law Question
Customer reply replied 8 months ago
is the attorney within the law to communicate with one co-executor in private without the others knowledge or consent.
And if that co executor finds out and asks what was discussed and the attorney refuses to answer isn't that a problem?

Depends. The key question is who does the attorney represent. Do they represent the estate? Do they represent one executor and not the other? Do they represent both executors. Again this relationship needs to be spelled out in an engagement letter. General rule of thumb is that any communication regarding the administration of the estate must be communicated to both executors.

Ask Your Own Estate Law Question
Customer reply replied 8 months ago
Estate attorney represents both executors

Technically the attorney is allowed to communicate with one executor without informing the other executor. Discussions regarding the administration of the estate are not protected attorney / client speech between the attorney and one executor. Now if the communications were not regarding the administration of the estate, then that may be protected speech.

Ask Your Own Estate Law Question
Customer reply replied 8 months ago
But if the other executor requests to know what they spoke about, does the attorney have an obligation to inform?

Not if the topic being discussed did not concern the administration of the estate.

Ask Your Own Estate Law Question
Customer reply replied 8 months ago
Ok but if it did?

If it did, then in these situations it is advisable for both executors to have their own attorney. The next step is to possibly have the executor removed from their position. You would petition the court to be the sole executor, stating that there is a belief the attorney and executor are colluding against the estate. You would also state to the judge that it is in the best interest of the estate, if the administration moved forward with only one executor.

Ask Your Own Estate Law Question
Customer reply replied 8 months ago
Ok and last question does a co executor has the right to say they only want to communicate with the attorney and coexecutor in writing - if that's what they are comfortable with?

In theory yes; however, you may not be allowed to make the same requirement between the attorney and the other executor. If you want all of your communications to be in writing, then the attorney should honor that request.

Jessica B
Category: Estate Law
Satisfied Customers: 1,111
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
Jessica B and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 months ago
Thank you

No problem. Let me know if there is anything else I can help with.

Ask Your Own Estate Law Question
Customer reply replied 8 months ago
Will do
Was this answer helpful?
Ask Jessica B Your Own Question
Jessica B
Jessica B
Jessica B
Category: Estate Law
Satisfied Customers: 1,111
1,111 Satisfied Customers
Experience: Attorney at Donald B. Linsky & Associates, PA

Jessica B is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
If a beneficiary of a trust has been living in a house owned
If a beneficiary of a trust has been living in a house owned by the trust, is there a way that the trustee can begin charging rent, perhaps as a step before eviction?… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,841 satisfied customers
In the case where a member of a Close Corporation dies, does
In a case where a member of a Close Corporation dies, does the appointed executor automatically assume the role of a member in the CC - with all the benefits and duties or are there formalities to sat… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I hearby give ,devise and bequeath all my estate ,real ,personal
I hearby give ,devise and bequeath all my estate ,real ,personal and mixed as follows: does this mean house cars bank accounts excetra? This comes from grand mothers will.… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
According to the will, estate beneficiaries are entitled to
According to the will, estate beneficiaries are entitled to inherit furniture in defendant's residence. For various reasons, distribution to them cannot yet be made. However, the residence, which is n… read more
LegalGems
LegalGems
Juris Doctorate
11,899 satisfied customers
If a current executor of an estate with no will has made It
If a current executor of an estate with no will has made It through the probate period but now is faced with three other heirs who are not willing to cooperate in the sale of home and personal assets … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
My brother is executor of my dads estate - in the estate is
My brother is executor of my dads estate - in the estate is a manufactured home that I lived in with my father for over 6 years. My brother gave me a 60 day notice to vacate. Can he do that? The home … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If the grantor of an estate in Illinois died in 2004 with an
If the grantor of an estate in Illinois died in 2004 with an Irrevocable Trust does a deceased beneficiarychdern have any claim Ccoroto the two year Statute of limitations … read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,482 satisfied customers
If a person is the beneficiary of an estate and receives an
If a person is the beneficiary of an estate and receives an inheritance from the estate is the distribution taxable… read more
Expert James
Expert James
Doctoral Degree
12,099 satisfied customers
This is a matter of a life estate. There are disagreements
This is a matter of a life estate. There are disagreements over the following: Beneficiaries listed above (in attachment) think they are entitled to a portion of the property My understanding is that … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,808 satisfied customers
California Estate Taxes - how soon is the estate responsible
California Estate Taxes - how soon is the estate responsible for filing an estate as of death taxes?… read more
LegalGems
LegalGems
Juris Doctorate
11,899 satisfied customers
Estate Cases. Need a Lawyer who is current on. +Estate in
The deadline is near ,need help.It's about our Mother and her death ,propertys… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,808 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
Can a life estate be broken if the person has abandoned the
Can a life estate be broken if the person has abandoned the property?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers
How do I calculate the value of a life estate in real property
How do I calculate the value of a life estate in real property? The age of the person is 58. The vaue of the property is $300,000.… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,166 satisfied customers
Can you explain the wording in a will to me
Can you explain the wording in a will to me?… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
In Pa. when can you issue Estate Notices in the newspaper and
In Pa. when can you issue Estate Notices in the newspaper and over what period of time must they be posted? How many times must the notice be listed? Are you requiered to list the estate notice in mor… read more
socrateaser
socrateaser
1,031 satisfied customers
Can a life estate agreement be reversed in court? If so how
Can a life estate agreement be reversed in court? If so how difficult would that be?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,934 satisfied customers
How do you determine basis of property inherited 20 years ago
How do you determine basis of property inherited 20 years ago if you don't know what the fair market value was back then?… read more
Attorney2020
Attorney2020
Lawyer
2,480 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x