I am in the middle of probate for my father's estate, as executor and beneficiary of the estate do I have the

right to seek other legal counsel, particularly since the attorney for the estate has told me that he does not represent me, but he does represent the estate, I have siblings contesting , and there has been an early distribution of items bequeathed to the siblings as part of a settlement agreement. The attorney for the estate has of course had the siblings sign for items received in the early distribution should there be the need for them to return items distributed or purchase items because of debt on the estate. Finally, does it matter how I would obtain funding to buy the home and property, the attorney for the estate is insisting it must be a "purchase money" transaction vs. a refinance? The property is still in the name of both of my parents

The executor for the estate always represents the estate. If you feel that you need separate counsel to represent your interests individually, you should hire one.

It is usual practice for beneficiaries to sign releases for specific bequests that they receive. The releases protect both the executor and the attorney for the estate.

Any dealings which you have with the estate must be "arms' length" transactions. You cannot get a "bargain price" purchasing a house from the estate unless the other beneficiaries agree and sign an agreement in a form which can be filed with the court.

Your application for a mortgage for purchase of your parent's property is technically a "purchase money mortgage" as defined by law. Part of the down payment for the purchase of the property could consist of your share of assets from the estate. However, remember, there are apparently other residuary legatees sharing in the estate and you are, in effect, purchasing the property from them.

There should be an "executor's deed" prepared from the estate to you which will be recorded upon closing. All title companies will require certification that either all taxes on the decedent's estate have been paid or that arrangements have been made for such payment and that the executor is guaranteeing payment of the unpaid taxes and other claims.

Remember, the attorney for the estate represents you only so far as your capacity as executor of the estate. He has apparently explained that to you. If you feel that you need to have somebody explain your rights as a beneficiary of the estate, it would be worthwhile for you to pay for a one hour consultation with an attorney who is not a member of the same law firm as the attorney for the estate.

Hand it to the lawyer, it's what he/she is there for. As executor you make the ultimate decisions so that the laywer doesn't have a blank check to act but it's going through the court and the lawyer is the better one to handle it. What "purchase money" means is simply that you have to buy it as though you were a stranger to the estate and cannot use potential revenue as collateral.

Yes; if the expenses are a legitimate bill for the estate. If not, you need to not bill the fees back. PMM vs Refi is not usually an estate issue, but a lender issue. Obviously, it's difficult to "refi" a porperty you've never owned. Property will probably need a deed from estate/executor to you before you can finish financing; and many lenders will require additional escrow of funds or insurance to cover a year after probate.