State Bar of Michigan
home member area contact us


 print this page

for members
SBM general information

member directory

admissions, ethics, and

diversity & inclusion

justice initiatives

member services

practice management
   resource center

public policy resource

publications and

research and links

sections & committees

ethics for members
ethics developments
ethics opinions
TAON (trust accounts)

from the courts
opinion searching
virtual court

for the public
public resources
media resources

giving opportunities
a lawyer helps
access to justice

Ethics Opinion

print this page


October 1, 1981


    A lawyer for the administrator of an estate should represent his or her client zealously so long as the administrator is acting properly within the law.


An inquiry has been made as to whether it is proper for the administrator of an estate and the attorney for the administrator of an estate to choose among beneficiaries of the estate and advocate the position of some beneficiaries to the detriment of others.

The issue here appears to find its resolution more in the realm of probate law than in the Code of Professional Responsibility. If it is lawful for the administrator of an estate to express an opinion in the above described situation then the attorney for that administrator can, as a zealous representative for the administrator, express these same opinions. (Canon 7 - A lawyer should represent a client zealously within the boundary of the law).

We recommend you consult probate law to determine the role of an administrator in the situation described. This should guide you as the administrator's attorney. See In Re Houghton's Estate, 310 Mich. 613, 17 NW2d 774 (1945).



follow us
Follow Us on Facebook Follow Us on LinkedIn Follow Us on Twitter Follow the SBM Blog


©Copyright 2015

website links
Contact Us
Site Map
Website Privacy Statement PDF
Staff Links

SBM on the Mapcontact information
State Bar of Michigan
306 Townsend St
Lansing, MI 48933-2012
Phone: (517) 346-6300
Toll Free: (800) 968-1442
Fax: (517) 482-6248