These summaries were prepared by McGuireWoods LLP lawyer Thomas E. Spahn. They are based on the letter opinions issued by the Virginia State Bar. Any editorial comments reflect Mr. Spahn's current personal views, and not the opinions of the Virginia State Bar, McGuireWoods or its clients. 
 
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  Topic: 75 - Representing Estates and Executors
LEO NumTopicsSummaryDate
0595

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1-Adversity to Current Clients

75-Representing Estates and Executors

76-Trust and Estate Lawyers

A lawyer may not represent an estate in attempting to recover the proceeds of a note payable to the decedent (thus treating the note as an asset of the estate), while also representing the trustee in decedent's bankruptcy (treating the note as an asset of the bankrupt estate). 8/10/1984
0340

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16-Lawyer's Personal Interests

75-Representing Estates and Executors

76-Trust and Estate Lawyers

A lawyer representing an estate may purchase an estate asset if all interested parties consent. [Under Rule 1.8(a), a lawyer may not enter into a "business transaction" with a client unless the client is given an opportunity to seek independent advice, and there has been full disclosure and consent in writing.]11/2/1979
1599

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3-Multiple Representations on the Same Matter

75-Representing Estates and Executors

76-Trust and Estate Lawyers

A lawyer representing an executor and one of two beneficiaries: does not have a conflict unless the lawyer also represents the other beneficiary; must advise the client that communications with the client as beneficiary may not be entitled to attorney-client privilege protection, because communications with the client as fiduciary may similarly not be protected from disclosure to the beneficiaries; has "no attorney-client relationship with the beneficiaries of the estate other than the executor;" has no "derivative duty" to the other beneficiary by virtue of the client's fiduciary duty (as executor) to the other beneficiary, although the lawyer must "be alert to indications that [the other beneficiary] does not understand the attorney's role;" may not advise or represent the executor in actions that breach the executor's fiduciary duty; does "not take on the executor's duties to the beneficiaries simply by performing the executor's administrative tasks;" may not charge for any services rendered to the client in the client's capacity as a beneficiary.8/12/1994
1452

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75-Representing Estates and Executors

76-Trust and Estate Lawyers

A lawyer retained by a personal representative of an estate has an attorney-client relationship with the executor or other personal representative and not the beneficiaries. 3/13/1992
1811

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30-Disclosing Confidences Under Court Order

31-Protecting and Disclosing Confidences and Secrets

75-Representing Estates and Executors

76-Trust and Estate Lawyers

A lawyer who previously represented a co-executor of an estate must follow the former client's directions and refuse to provide documents to the other co-executor's lawyer, despite an agreement among the co-executors that they would share financial information; although lawyers may disclose client confidences to comply with a "law or a court order," the co-executors contract is not "law"; any dispute about the contract should be handled by the lawyer currently representing the co-executor.4/25/2005
0648

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2-Adversity to Former Clients

75-Representing Estates and Executors

76-Trust and Estate Lawyers

A lawyer who previously represented an estate in a wrongful death case that has been settled may now represent another client against a third party who contributed to the decedent's death. Although the matters are substantially related, the estate and the prospective new client are not adverse to one another, and both have consented. 1/9/1985
0260

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25-Dealing with Unrepresented People

75-Representing Estates and Executors

76-Trust and Estate Lawyers

It is not improper for a lawyer representing an executor-beneficiary to fail to advise another beneficiary whose interests "potentially" conflict with those of the executor-beneficiary to hire another lawyer, but the executor has a fiduciary duty to advise the other beneficiary to hire another lawyer. 5/16/1975
ABA-426

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18-Consent and Prospective Waivers

60-Lawyers Acting as Trustees

61-Lawyers Acting as Executors

75-Representing Estates and Executors

76-Trust and Estate Lawyers

Lawyers may act as personal representatives or trustees under documents the lawyer prepares, but: must obtain a written consent if the lawyer's judgment would be significantly impaired; must advise the client about how the lawyer's compensation will be calculated and whether it is subject to some limits or court approval. Lawyers may also hire their own firms to perform legal work in the administration of the trust or estate, in which case the lawyers generally represent themselves, and not the beneficiaries or the trust or estate as an entity. Even with consent, a lawyer serving as a fiduciary may not take positions adverse to the interests of a beneficiary or the entity. Lawyers acting as fiduciaries generally should not represent beneficiaries in unrelated matters.5/31/2002
1472

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3-Multiple Representations on the Same Matter

73-Family Law Lawyers

75-Representing Estates and Executors

76-Trust and Estate Lawyers

The lawyer for a divorced wife may not represent the estate of the former husband. 8/24/1992
1473

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3-Multiple Representations on the Same Matter

75-Representing Estates and Executors

76-Trust and Estate Lawyers

Three co-executors each hired their own lawyer and a fourth lawyer to represent the estate. The fourth lawyer had an attorney-client relationship with all three executors. The executors later became trustees, and began to quarrel. The fourth lawyer may not continue to represent two of the executor/ trustees unless the third one consented. 9/1/1992

Copyright 2000, Thomas E. Spahn