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

Asked about 1 year ago - 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)

  1. Christine James

    Pro

    Contributor Level 19

    4

    Lawyers agree

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

  2. James P. Frederick

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . 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. ******... more
  3. Celia R Reed

    Contributor Level 20

    Answered . 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-... more

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