I hired a lawyer so that i could be administrator of my father's estate, his alleged daughter (found out is not his daughter) went to the same lawyer i had hired and told the lawyer that she ALSO wanted to be the administrator of my father's estate. The lawyer said she could represent BOTH of us ever though we were auguring over who should be the administrator, we both wanted to be the administrators. Should my lawyer have had her to hire another attorney since she was already representing me first? isn't this a conflict of interest? this was the biggest mess! (this was the same as a husband and wife using the same divorce attorney). Can I sue this attorney for malpractice?
If you had an apparent conflict with the alleged daughter, then the attorney should not represent both of you. But the attorney saying that she could represent both of you is distinguishable from actually doing so.
In any event, if you don't feel comfortable enough to trust a particular attorney - for whatever reason, then it is time to hire another attorney - in this case, one more experienced in probate matters. (You don't solve a conflict between two parties by making them both the fiduciaries.) Additionally, you need to make clear (in writing) to this other attorney that because you shared confidential information with her, you will NOT consent to her serving as the attorney for an adverse party.
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Yes an estate can have 2 administrators but it is not likely. If a names co-executors the Court may allow this, but if two people want to serve as co-administrators most Courts say "No" to the future conflicts between adminsitrators.
If everything you say is true, then the attorney is conflicted out of representing either of you without a waiver. If I were you I would find a more experienced probate attorney to file your application and let the attorney know that you do not want your old attorney representing the alleged daughter.
As for your question about malpractice. You can sue for anything but if you don't have any real damages ($) then it is a waste of your time and money.
I suggest you find a new attorney and focus on to fighting the alleged daughter.
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