Is an attorney who represents an estate obligated to represent the administrator named in a complaint?

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Is an attorney who represents an estate obligated to represent the administrator named in a complaint?

Asked on October 29, 2010 under Estate Planning, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The attorney would probably have to respresent the administrator if he or she is named owing speficially to his or her role as administrator. For example, if someone is challenging some disbursement the administrator made, the estate's employee should probably represent the administrator, too. However, if the administrator is being accused of doing something outside the scope of his or her capacity--e.g. of fraud or defamation--it's not clear the estate's attorney would have to represent the administrator. And, of course, if the estate itself is challenging the administrator's actions, the atttorney would not represent him or her. It depends therefore on the circumstances and the relation of the complaint to the administrator's authority and capacity.


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