QUESTION

is it ethical for my brother to go behind my back and see my son's trust attorney?

Asked on Jan 03rd, 2018 on Trusts and Estates - Georgia
More details to this question:
after a year, my dad's will is in probate. i shared joint custody of my 9 year old son with dad. my brother is the executor. the judge appointed my son an attorney to set up a trust because he draws survivors benefits. tim went behind my back and seen this attorney. i had no knowledge of any of it.
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
If your son is being represented by an attorney appointed by a court, and if your brother is the executor of your father's estate, and if your father's Will is leaving something directly to your son (which appears from your question to be the case), then your brother was required to deal with your son's attorney, not with you. You are not your son's representative. Your brother only needs to discuss your interests with you, not your son's interests. As Executor, he is required to deal fairly and honestly with the beneficiaries; if a beneficiary is represented by an attorney, that generally includes communicating with the beneficiary's attorney. That being said, as an heir of your father and (maybe?) a beneficiary under his Will, you are also entitled to your own attorney. You may find it helpful to consult your own attorney in order to get a better idea of your rights and interests with regard to your father's estate and your brother's role as Executor and the related duties he has. Best wishes to you.
Answered on Jan 04th, 2018 at 5:11 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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