Probate Q&A Series

Why can’t the probate attorney representing the estate also represent me as an individual beneficiary?

1. Detailed Answer

When a lawyer accepts an engagement to handle a decedent’s estate in North Carolina, that lawyer owes loyalty and confidentiality to the estate as a whole. The estate speaks through its personal representative. The attorney-client relationship exists between the lawyer and the estate, not between the lawyer and individual heirs or beneficiaries.

Allowing the same lawyer to represent both the estate and an individual beneficiary creates a conflict of interest. North Carolina’s Rules of Professional Conduct forbid a lawyer from representing clients whose interests conflict without informed, written consent from each client. See Rule 1.7, NC Rules of Professional Conduct. In probate matters, a beneficiary may wish to challenge accountings, distributions, or fee requests. The estate’s attorney must protect the estate’s assets and ensure compliance with statutory duties under Chapter 28A of the North Carolina General Statutes. Representing a beneficiary in a dispute over those very assets would undermine the lawyer’s duty of undivided loyalty to the estate.

Moreover, if the lawyer advised you personally, confidential communications between you and the attorney might conflict with the estate’s interest. North Carolina Rule 1.9 restricts a lawyer’s representation of a new client against a former client in the same or a substantially related matter if confidential information could harm the former client. See Rule 1.9, NC Rules of Professional Conduct. The estate, represented earlier, remains a former client on matters you might press as a beneficiary.

In summary, separate representation prevents divided loyalties and protects both your rights and the integrity of the probate process. You maintain the right to hire your own attorney to represent your individual interests as a beneficiary, while the estate’s attorney continues representing the interests of the estate.

2. Key Points to Understand

  • Attorney-client relationship: The estate’s lawyer represents the estate through its personal representative, not individual heirs.
  • Conflict of interest: Rule 1.7 of the NC Rules of Professional Conduct prohibits dual representation when interests may diverge.
  • Confidentiality concerns: Rule 1.9 bars use of confidential estate information against the estate in beneficiary disputes.
  • Statutory duties: Personal representatives and their counsel must follow North Carolina probate statutes (Chapter 28A of the General Statutes).
  • Your right to counsel: You can hire a different attorney to protect your personal interests in the probate proceeding.

Next Steps and Call to Action

If you are a beneficiary with questions about your rights or if you face a conflict in probate, don’t navigate this complex process alone. At Pierce Law Group, our attorneys guide beneficiaries and personal representatives through probate in North Carolina. Contact us today—email intake@piercelaw.com or call (919) 341-7055—to schedule a consultation and protect your interests.