Opinion 1226

The Committee was of the opinion that a lawyer who is representing a personal representative of an estate is the attorney for the personal representative, and therefore you have no conflict of interest with the beneficiaries of the estate in continuing to represent the personal representative. However, the Committee noted that since the personal representative has a fiduciary obligation to the beneficiaries, the lawyer has a duty to instruct the personal representative to notify the heirs of the estate to seek independent legal representation.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.