QUESTION
Do I need a lawyer to protect my interests?
Asked on Apr 17th, 2020 on Wills and Probate - Tennessee
More details to this question:
My sister and I were named as co-executors of my mother’s estate. A good friend of my sisters that is an estate lawyer talked me into signing over full executorship to my sister since I live out of town. She did appoint him as Probate Attorney. I saw on the final paper work sent to me to sign states that I release the representatives of all liability in connection with the estate. I saw the lawyer is now listed as co-executor. How do I know that after I sign this paperwork that more won’t be taken from the estate before it goes to court to be finalized? My sister has already done some pretty shady things concerning the estate. Money went missing before it was transferred to probate,
1 ANSWER
The release of liability is probably standard language but also important. Your sister as executor and the attorney have a legal duty to the estate not to deplete it wrongfully, and to make a full accounting. It's very unlikely the attorney would risk their law license to help your sister "steal," but if you are worried, I would encourage you to have a separate attorney. The estate attorney will be paid from the estate, you will have to pay yours, but if we are talking about more estate $ than a legal fee, that math makes sense. Even if they just review it and put you at ease, it may save a lifetime of suspicion and anger between you and your sister.
Answered on Apr 30th, 2020 at 7:47 AM