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Taxation & Estate Planning
: Death and Taxes BlogRepresentation, Part 1: Beneficiaries
By Joel A. Schoenmeyer
In most probate cases, I represent the personal representative (executor or administrator). However, I'm seeing a big increase in the number of beneficiaries who want to hire me to represent them in connection with a probate estate.
Why would you, as a beneficiary, want an attorney? Just to make sure that your rights are protected, and that you understand the process. Keep in mind that, while the personal representative's attorney may owe you a fiduciary duty, you are not his or her client. So you may want to hire an attorney of your own, to review court papers and to monitor the progress of the estate. Doing so is NOT a slam on the personal representative -- it's just a way that you can protect your interests.
Full post as published by Death and Taxes Blog on March 18, 2009 (boomark / email).
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