Can a primary heir fire the probate attorney?

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Can a primary heir fire the probate attorney?

My sister and I are sole heirs of my mother’s estate (KY). My mother hired an attorney to handle probate before she passed away and named my sister as executor (she lives close by and I do not). Does this mean that the attorney works for the estate rather than the executor? Can I, as an equal heir, demand services from the attorney? Can I terminate the attorney for failing to properly advise the executor or for failing to respond to my requests?

Asked on May 1, 2011 under Estate Planning, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Has your Mother passed away?  I am so sorry for your loss.  Does the Will direct that this attorney handle the probate or wa it an agreement that your Mother made prior to her death?  The attorney represents the interests Executor and the estate.  He or she does not represent the interests of the beneficiaries per se, other than as they relate to the estate.  You have no right to fire him or demand that he work for your benefit as that would be a conflict of interest.  If you need legal advice then you need to hire your own attorney at your own expense.  You have no right to terminate the services - fire - the attorney.  Only the executor can do so.  Good luck.


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