Any Probate attorneys? I have a question. (1 Viewer)

[Run It Up]

In Missouri, the probate law seems pretty clear. I spoke to a probate attorney but I never crossed my mind while I was there.

My brother and I have been in contact with my fathers widow, she has yet to start the probate process and her lawyer seems like an ### that she doesnt get along with. We have concerns because we have no access to the details of his estate. My father and the widow both filed separately for divorce and neither went to court before he died.

If all parties agreed, could/would a probate attorney represent three parties equally in the probate process. I'm just not sure its possible, but i think it would be expeditious and the safest way for my brother and I to know we aren't getting shafted by the widow if a single attorney could arbitrate the process fairly for all of us.

Thanks for any advice.

 

[IC FBGCav]

Not an lawyer, but did he have a will.  Probate attorney, is not always needed.

 

[IC FBGCav]

Any insurance or retirement will have someone named to get funds.

 

[IC FBGCav]

With the little info.....hard to advise.

 

[-OZ-]

With the little info.....hard to advise.

Yep. 

Also, the attorney would represent the trustee of the estate. Assuming that's the widow, you and your brother would not be represented.

Your concern about getting shafted by his wife / widow, indicates that you might need your own attorney.

Is there a will?

 

[apalmer]

Yep. 

Also, the attorney would represent the trustee of the estate. Assuming that's the widow, you and your brother would not be represented.

Your concern about getting shafted by his wife / widow, indicates that you might need your own attorney.

Is there a will?

Actually, the attorney represents the estate, not the executor/administrator (just as a corporation's attorney doesn't represent the president of the corporation).  Why would the widow hire an attorney she doesn't get along with? If the widow doesn't get along with her attorney, it means one of two things: either he's advising her she can't do what she wants to do (meaning he's trying to prevent the other heirs from being shafted) or she needs to replace him.  In either case, it probably means that the other heirs need to have an attorney to at least review what's going on (assuming there are enough assets in the estate to go that route).

 

[-OZ-]

Actually, the attorney represents the estate, not the executor/administrator (just as a corporation's attorney doesn't represent the president of the corporation).  Why would the widow hire an attorney she doesn't get along with? If the widow doesn't get along with her attorney, it means one of two things: either he's advising her she can't do what she wants to do (meaning he's trying to prevent the other heirs from being shafted) or she needs to replace him.  In either case, it probably means that the other heirs need to have an attorney to at least review what's going on (assuming there are enough assets in the estate to go that route).

Yes, I assumed when run it up called the attorney her lawyer, he actually knew she hired the lawyer. He also said she had yet to start the probate process, which seems to me to indicate the estate doesn't have a lawyer yet.

So after she files, there may be two attorneys, the estate's and hers. Neither can represent the poster or his brother.

 

[Christo]

Yep. 

Also, the attorney would represent the trustee of the estate. Assuming that's the widow, you and your brother would not be represented.

Your concern about getting shafted by his wife / widow, indicates that you might need your own attorney.

Is there a will?

Why not if that's what they want? They are interested parties and have the right to be represented.

 

[-OZ-]

Why not if that's what they want? They are interested parties and have the right to be represented.

Sure, they'd have to hire their own attorney.

 

[Henry Ford]

Why not if that's what they want? They are interested parties and have the right to be represented.

Not by her lawyer.  Have you been day drinking today?

 

[Christo]

Not by her lawyer.  Have you been day drinking today?

So what?