In this case there was no will after a death. The estate went to probate and has legal heirs. There was paperwork brought forward revealing a possible trust and trustee. Can the law firm who represent the estate also represent and/or show favor of the trustee?
Well, if there was a Trust, then there should have been a Will, if only to dump any asset not titled in the name of the Trust INTO the Trust through a probate.
Secondly, the attorney should not be representing the estate, they should be representing the proposed Administrator of the intestate estate. It might seem like a small distinction, but it is a meaningful one, especially for the attorney
Thirdly, if the purported Trustee and the Administrator are the same person, then maybe, but if they aren't, there is a potential conflict of interest, which the interested parties could waive, but if there is a problem later on, then one or more of those interested parties could reassert the conflict, causing that attorney, if they are smart, to withdraw.
You should probably take some time to consult with an attorney who is not involved, go over all of the facts with them, and get their determination of the situation after they have been fully informed.
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I agree with my colleague. The law firm/ law group can represent both parties if they get a signed "conflict of waiver" form. But generally, the attorney represents the Personal Representative of the Estate of the deceased (dead) person. If there is NO valid Trust, then the person died intestate, and the heirs to the decedent's estate need to be represented, and that's where separate representation is probably best. Because then an "Administrator" of the estate needs to be appointed by the Court. I strongly recommend you seek the advice of a local licensed probate attorney. Good luck with your situation!
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