Who Gets to Choose the Attorney When Someone Dies?
It is a common misconception that when a Florida resident dies the attorney who drafted the will must be hired to probate the estate. This goes along with the misconception that the attorney represents “the estate”. The reality in Florida is that the attorney represents the personal representative and not the estate and not the beneficiaries. Therefore, it is up to the personal representative to choose the attorney. The same thing applies to living trusts. It’s the successor trustee who has the right to choose an attorney. Thus, the attorney who prepared the will or trust for the person who died has no client.
Jim Martin 8/15/09
FLORIDA BAR STATEMENT The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the lawyer to send you free written information about the lawyer’s qualifications and experience.