Probate estate intestate. Dad died leaving 3 heirs (siblings). Sibling A is personal representative and hires attorney X. During administration of Dad's estate, Sibling B passes away. Attorney X is hired by B's personal representative. X didn't give clients a conflict of interest disclosure. Dad's and B's estates are ongoing, not closed yet. What happens when the PR for B's estate files a petition against A?Also, what happens if Sibling C files a petition against A?
Lawyer X has a conflict of interest. Probably not a problem since everyone knows he represents A & B. However, he will be forced to chose between representing A and B when B files on objection. Lawyer may be forced to withdraw from representing either.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
There are MANY potential conflicts of interest that are inherent in probate matters. I lawyer can represent individuals where there are potential conflicts. A lawyer cannot represent clients with actual conflicts of interest, in most cases. Under the limited facts you provide, I am not sure I see a problem. The two estates are separate. I would need to know the nature of the petitions you are anticipating before speculating further.
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It appears there may be a conflict. Best way to get at this is to go see a good probate attorney. Get some advice specific to your court and particulars of your case. Most probate lawyers do not charge for an initial consultation--take all the paperwork with you.
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