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Is it a conflict of interest to get as a probate attorney the lawyer who has the will?

Palm Desert, CA |

The attorney that has the mother's last will had to help her get her home back in 2006. It was taken under duress by one of her daughters, and the case was settled in arbitration. The mother died in 2010, and the executor (another daughter) failed to execute the will. It's been 2+ years, and my friend, another daughter, wanted to proceed. Is it a conflict of interest to use this lawyer if he is responsible for coordinating with executor?

Attorney Answers 3

Posted

If the attorney represented the executor, he or she cannot represent you against the executor. Yes that would be a conflict of interest.

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Posted

The attorney would not be able to represent you and the executor at the same time. That would be a conflict of interest. Of course, if it has been this long, you may be able to petition the court to act, on your own. In that case, you could certainly ask this lawyer to represent you.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Posted

As a general rule, it's up to the attorney, when asked to represent someone, to decide if there is a conflict. If the attorney does not believe there is a conflict, it would be up to the daughters to come forward and object to the attorney's representation. It's important to keep in mind, that in many cases, the role of attorney for the estate is neutral. So there is no clear cut answer here.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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