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  1. #1
    Join Date
    Mar 2008
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    7

    Default Estate Lawyer's Conflict Of Interest

    Is it a conflict of interest when an Attorney of an Estate which has 2 co-executors:

    1. represent 1 of the co-executors as a client and not the other?

    2. should the attorney assist the co-exeuctor in the distribution of property to beneficiaries without the other co-executors knowlege that it is being done?


    3. if the other co-executor has to hire an attorney for representation and the will clearly states that the estate assumes legal costs, can the estate attorney re-fuse a request from the co-executor to be reimbursed when the estate has funds?

    The State is Rhode Island


    Thank you

    denreid4

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Estate Lawyer's Conflict Of Interest

    Quote Quoting kate1h2m
    View Post
    1. represent 1 of the co-executors as a client and not the other?
    What's the conflict of interest between the co-executor and the estate?
    Quote Quoting kate1h2m
    2. should the attorney assist the co-exeuctor in the distribution of property to beneficiaries without the other co-executors knowlege that it is being done?
    Okay... so tell us what is really going on. Why isn't the co-executor paying enough attention to court proceedings that he or she knows what is happening with the estate? Why isn't the co-executor getting copies of court filings? What is the reason for excluding the co-executor from decision-making?
    Quote Quoting kate1h2m
    3. if the other co-executor has to hire an attorney for representation and the will clearly states that the estate assumes legal costs, can the estate attorney re-fuse a request from the co-executor to be reimbursed when the estate has funds?
    You'll take a copy of the will with you to your lawyer's office, and work that out with your attorney before you hire him.

  3. #3
    Join Date
    Mar 2008
    Posts
    7

    Default Re: Estate Lawyer's Conflict Of Interest

    Dear Mr. Knowitall,

    Thank you for responding to my post My response to your question "what's really going on?" - a lot.

    To briefly summerize:

    There are as I mentioned 2 co-executors of my late mother's estate. I am the eldest daughter of 5 children and one of the co-executors the other is a male "friend" she lived with for 8 years. My mother died of cancer 1 year after her diagnosis, it was a horrible time. My mother and I were very, very close. She relocated to RI from NY after 35 years of marriage. She met the "friend" 6 mo's after moving here (while he was still married -(unknown to us) to his 3rd wife. He divorced and moved in with my mother a year later.

    She never wanted to marry him, kept all her accounts seperate. He is not recognized as a common law spouse - just a friend.

    A month before my mother's death I found a written will in her home. I never saw her will - but I know from discussions what she wanted. I was the executor years before he was. In short, 4 kids 20% accross the board and one brother (did not speak with her) his 20% goes to his two children. The assets were the contents of her current home and the home itself. When the "friend" came along - The "friend" would be able to live in her current home only if he paid the mortgage, taxes, bills. If he could no longer maintain it - then the estate would sell it. my mother said that the estate would by him a house with the proceeds of the sale of her current home and when he died - the home would go back to her estate. He received nothing else.

    Back to what the written will said that I found -

    1. He would get the principal and interest paid on the current motgage. approk 200k

    2. He would get 300k to buy a home which would then go to HIS estate.

    3. He would live in the current home for as long as he wanted and the estate would absorb the expenses.

    There is more but those are the big differences. How could this happen? because the estate attorney was his attorney first. The estate attorney made those changes via e-mail - while my mother was hospitalized. When I called the estate attorney to question it - all the doors closed. However I stoped that will from being probated - and also the attempted marriage by him litterally on her death bed. Needless to say the co-executor and the estate attorney despise me. From that point on which was la month before she died - all the doors have been closed including her home and its contents.

    It has been over a year of countless requests to the estate attorney for information - which I am billed for but never receive. I am not alowed in the house while he was living there and truely have no recognition of my appointment.

    The co-executor used money to divide and conquer the family and convinced some of my siblings that I have all the money (no truth to that) One of them is angry that she is not in charge and the co-executor has promissed her that If I am removed she will be put in place.

    The siblings have petitioned for my removal 3 times based on -

    1. i didn't file inventory (thats the estate attorney and I was not allowed in the house anyway)

    2. i didn't follow distribution of property as stated in the will. Actually myself and my children are the only ones who do not have items left to them there "missing". All others do which the estate attorney and co-executor distributed without my knowledge

    3. I have taken money and items. I have never had access to anything. Each time the probate judge ruled in my favor - there is no evidence. It now is in superior court.

    The entire contents of my mothers home is gone. And I still can't get answers.

    The only reason that I have deceided to remain as co-exec is because that is what my mother wanted.

    Thank you for any direction you can give me.

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