Probate

Your Duty and Ours

The personal representative of an estate is under a duty to administer the estate impartially for the benefit of everyone interested in the decedent’s property: all the decedent’s devisees; the creditors of the decedent and of the estate; and the federal and state tax authorities. When a personal representative retains us, we represent that personal representative in his or her fiduciary capacity.

Sometimes the duty of a personal representative can conflict with the desires and best interests of the person serving as personal representative. If we see such a conflict developing, we warn the personal representative about it. It may even be necessary for us to suggest that the personal representative hire another lawyer or law firm to represent his or her personal interests in the estate. Such conflicts are quite rare, but they do arise from time to time.