• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Conflict of interest, estate lawyer and executor - WA

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

stephenc

Junior Member
Have an interesting situation in Washington State. My wifes stepmom passed away recently. Her will was changed mutiple times in the last year. The stepmom's lawyer is also the personal lawyer of her stepmom's son. The will was changed to be much more adventageous to the stepmoms side of the family (since fathers death). At this point, the stepmom's lawyer is acting as both the lawyer for the estate and the personal lawyer for the executor (stepsons mom). It seems like a conflict of interest to me, thougths?
 


seniorjudge

Senior Member
At this point, the stepmom's lawyer is acting as both the lawyer for the estate and the personal lawyer for the executor (stepsons mom). It seems like a conflict of interest to me, thougths?

I agree. And what does YOUR lawyer say?
 

stephenc

Junior Member
My lawyer is being a bit tenative, believes there may be an issue, wants to wait and view the inventory asset list. I'm a bit worried about the "wait and see" type approach.
 

Dandy Don

Senior Member
No need to worry about the wait and see approach. If things are not in order, it's eventually going to be discovered anyway.

Yes, there may be a conflict of interest, but so what? It might also be viewed as the lawyer aggressively acquiring additional work. A conflict of interest won't necessarily be prosecuted. What you really need to be asking is, was stepmother afflicted with a disease or taking medication which would have affected her judgment, making her vulnerable to undue influence, or were the changes truly her intent which she has a right to change?

What was the nature of the changes she made: changing beneficiaries, amounts being inherited, etc.? Your wife may want to consult an attorney to see if she has grounds for contesting or not.

DANDY DON IN OKLAHOMA ([email protected])
 

tranquility

Senior Member
How is it a conflict of interest? The estate is not in conflict with the executor as a person. If there is a challenge, *then* there would be a conflict and the attorney would need to withdraw from representation from one of the parties if not all.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top