Do I need my own lawyer for my father's will even though a lawyer has already been hired to handle the will?

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My sister , who is one of two administrators, hired a lawyer to handle my dad's will for six beneficiaries. Recently, she asked me to sign a 'consent form' and a '
power of attorney
' letter. I refused to sign the power of attorney letter and she said I will have to get my own lawyer. Does she have this right? Do I need my own lawyer?

5 Attorney Answers

If the administrators are pulling any funny business, you may need your own lawyer. If they do things properly, you won't.
It sounds like she may be wanting you to waive participation in the proceedings. The estate attorney can't give you advice about your personal decisions, so your sister ia correct. If you are concerned about the proceedings or the conduct of the administrator, then you shouls hire an attorney to advise you regarding the estate and how decisions will affect your interest. Even though it may seem like all beneficiaries would have the same interest, conflicts and disagreements easily arise during estate proceedings and separate counsel is recommended.
Yes, you should hire your own attorney, even if its only for a consultation to read the papers your sister sent you, explain them to you, and explain what to expect next. We can't explain that to you on an on-lline forum because we have not read the file.
The attorney hired by your sister is not your attorney and does not necessarily represent your interests. The attorney is representing the administrators who hired them and not all of the beneficiaries. If you hire an attorney they will represent you and your interests as they relate to the estate and probate. You should review precisely what they asked you to sign always and or review it with your own attorney if you are not sure of what they asking you to do and why. The estate/probate attorney, is not your attorney.
If you truly want to protect your rights, it's in your best interest to hire a lawyer to review the matter with you. The attorney for the fiduciary is acting on behalf of the fiduciary, and while you're ok if the the attorney and fiduciary do things by the book, you're not if they don't. Use Avvo's Find a Lawyer feature to find a probate attorney near you. Best of luck.

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