is this lawyer double-dipping?

[neenn2]

Hi----My mom died 2 1/2 years ago and made the lawyer who wrote her will the executrix.Somebody made a claim on her will and after a very frustrating 2 1/2 years of little or no contact from this lawyer---and decisions by her that we would not have done---(there was a condo involved and the repairs were outrageously high, and she waited way too long to put it on the market--(acruing very large monthly condo fees and taxes and other various charges) the party who made the claim (he ended up firing 2 attorneys and at the time didnt retain another one) was convinced by one of his fired attorneys to settle for an amount that we agreed to.We agreed because the estate attn told us that the other partys attorneys would be paid from the estate if it went to court because it was a valid claim---but if we settled then they would have to pay their lawyers fees from the settlement money they recieve. So we settled for alot less than they were originally asking for even though we didnt want to for personal reasons.We figured--if we take it to court he would end up getting far more(his attn. fees) of what he shouldnt be getting to begin with anyway so we settled.
The estate attn had sent us an accounting before we decided to settle but when she sent the final agreement/release papers for us to sign---she added in a large amount and called it "litigation fees and expenses"In the original accounting papers she only had a total for "Executrix/Attorney Fees."In the new papers for us to sign she had both expenses. She also described herself as "Esquire,individually, as Executrix and Counsel for the estate of (my moms name) and as Counsel for the estate Beneficiaries (my and my sisters names)
I have 2 questions
1.Is this lawyer claiming to be our legal counsel even though we did not hire her as such and in fact wanted at one time to replace her?

2.Is it regular practice to have the beneficiaries sign such a detailed and final release form? I would understand if it was just for the person who made a claim against the will---but why are we signing the same thing as him? It is about 5 paragraphs long and uses every possible word or words to say the same thing about 4 times!!

Thank you very much for a response--I am actually hoping you reply saying that everything is fine that she has done so I dont have to deal with this nightmare any longer---but I just have a bad feeling about the whole thing.
Thanks again
Sincerely Sue
My mom lived in Yardley, Pennsylvania USA

 

[dee_dub]

1) Yes, she appears to be saying she represents you. Presumably, since you accepted her advice on settling the claim, she does.

2) Without knowing the details of the settlement agreement, it is impossible to say whether it is unusual or not. I find the practice of having beneficiaries sign the agreement is unusual in itself - you were not party to the dispute, after all, which was strictly between the estate and the claimant. Getting your signature is strictly a "cover your ass" move by the lawyer (and is of dubious value since she was your counsel too).

Is it double-dipping? Impossible to tell without examining the lawyer's records. Lawyers are allowed to represent multiple parties, but should only bill a party for the work they do for that party.