In Texas, the probate attorney represents the applicant. The applicant is the client. This means that the attorney is focused on serving the needs of the applicant. This is spelled out in our engagement letter, which lists the name of our client.
The only exception is where there is more than one applicant, as in the case of a co-executor or co-administrator. In this case, the engagement letter will list all of the parties as the client.
The probate attorney does not represent the other family members. The applicant should convey this message to the family members, so they do not come to believe that the attorney is representing their interests.
Separate Representation for Others
Family members and others are encouraged to hire their own probate attorneys. In cases where we are not representing the applicant, we often represent the other parties. This would also be spelled out in our engagement letter.