Whose lawyer it is
In most estates, the lawyer retained for probate represents the executor or administrator in that fiduciary role. The fiduciary owes duties to the beneficiaries, but the lawyer's client is the fiduciary, so beneficiaries who need advice about their own rights may need separate counsel. That is not a sign of distrust; it simply reflects whose interests the lawyer is bound to advance. A beneficiary who is also serving as executor wears two hats, and conflicts between those roles should be discussed openly. When a dispute arises, separate representation becomes more important.
Fees and court oversight
Legal fees for estate work in New York are often paid from the estate, and the Surrogate's Court has authority to review them and decide whether they are reasonable. Ask at the start how fees will be charged and documented, and keep the engagement letter. Executors should keep their own records of time spent and expenses, since executor commissions and reimbursements are handled separately from legal fees. Bring the will, a death certificate, a list of assets, and family contact information to the first meeting. If other professionals, such as an accountant or appraiser, will be needed, we discuss that early.
What probate counsel takes on
A first meeting sets out which tasks the lawyer will handle and which the executor will do personally, because estates vary in how much help they need. Some executors want counsel for the court filing and little more, while others want help through the entire administration. We explain the procedural steps in Surrogate's Court, the likely points of friction, and how communication with beneficiaries will work. We are also candid when an estate can be handled with less involvement, because legal costs come out of what beneficiaries receive.
