Estate Planning: Does the Personal Representative Need an Attorney?

St. Petersburg estate planning

A personal representative should always engage a qualified attorney to assist in the administration of the decedent’s probate estate. Many legal issues arise, even in the simplest probate estate administration, and most of these issues will be novel and unfamiliar to non-attorneys.

Be aware: If the personal representative mismanages the decedent’s probate estate, the personal representative may be liable to the beneficiaries for any harm they may suffer.

The attorney for the personal representative advises the personal representative on their rights and duties under the law, and represents the personal representative in probate estate proceedings. The attorney for the personal representative is not the attorney for any of the beneficiaries of the decedent’s probate estate.

A provision in a will mandating that a particular attorney or firm be employed as attorney for the personal representative is not binding. Instead, the personal representative may choose to engage any attorney.

Contact BaskinFleece at 727.572.4545.

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2 thoughts on “Estate Planning: Does the Personal Representative Need an Attorney?

  1. Pingback: Can a Personal Representative of a Will Be Compensated? | BaskinFleece

  2. Pingback: Can the Personal Representative of a Will Be Compensated? | BaskinFleece

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