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Possible conflict of interest

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What is the name of your state (only U.S. law)? TX

I will attempt to make this as short as possible. My maternal uncle suffered a heart attack that caused brain damage in 1998. His wife, who was never very close to us, took control and never really sought medical intervention that the doctors advised her about. The docs had believed with the right therapy, he could function almost as he had before. However, his wife didn't appear to want to admit to others that my uncle was "slower" than he had been before.

Sadly, we are nearing the end of his life as his heart is about to give out. We have been supporting him emotionally and watching out for his best interests as best as we can (me, mom, grandma, aunt, and sis). Recently (October), his wife had his will revamped. It was almost the same with the exception that in the rare case she or their daughter should pass, the estate would go to my aunts sister. My family thought this was odd because it seemed that there should be joint executors, but my uncle had signed the will because he didnt (and really couldn't) want to fight with his wife. HOWEVER, these papers were drawn up by a paralegal in his wifes brother in laws firm. The brother in law of my uncles wife, along with the wifes sister, stand to gain a huge amount of money should the wife and child pass.

Isn't it a conflict of interest? Should the brother in law have his paralegal draw up the papers knowing that he stands to gain a large sum of money should the wife and child pass? Is there anything that can be done? I don't even know (given brain deterioration) that my uncle had the full competancy to understand what he was doing. Please let me know if I should intervene in any way. Thank you for your help in advance.
 


My uncle's wife is married to him. Her sister is from her side of the family and not related to us in any way. My uncle is by blood, his wife is by marriage and her sister is his sister in law and she is married to the attorney who had the paralegal draw up the papers. Does that make sense? It's so hard to explain when you're trying to type it up.
 

cyjeff

Senior Member
My uncle's wife is married to him.
Your aunt's sister is a him?

Her sister is from her side of the family and not related to us in any way.
Except, of course, through the marriage to your uncle.

My uncle is by blood, his wife is by marriage and her sister is his sister in law and she is married to the attorney who had the paralegal draw up the papers. Does that make sense? It's so hard to explain when you're trying to type it up.
Then let me help.

You lose.

So, your uncle had his brother in law draw up a will. In this will, it said that if anything happens to uncle, aunt or their child that the proceeds of the will go to brother in law....

Nothing illegal here.

Just because you got cut out of the will doesn't mean there is anything wrong with it.

If you believe him to be mentally incompetent, that is another question.

You still won't get anything out of the estate, though.

You see, if uncle dies, his wife gets everything anyway. Then, HER will bequeaths her estate to whomever she wants... and so on.

"Blood" is for Twilight and bad hillbilly movies. A "blood" relation is no stronger than marriage... legally. In fact, it is WEAKER than a marriage tie.
 
I dont' think there is any reason to be rude. I never said I was "cut out" of this will. I am in this will (though I think his wife/my aunt will contest this). I just found it funny that his wife initiated the new will (yes I know this as fact), had their brother in law (his paralegal in fact) draw up the papers for my uncle to sign, and the brother in law stands to gain a large sum of money without their being a conflict.

And I am no hillbilly...I simply had a hard time explaining all the family dynamics.

Also, there is a question of competancy. I just don't want to go down that road since it would hurt him and he doesn't have long enough to hurt. I just wondered if this whole scenario was questionable.
 

Mass_Shyster

Senior Member
Since the brother-in-law is related to your uncle, there appears to be no conflict of interest, as defined by the Texas Disciplinary Rules of Professional Conduct
Rule 1.08 Conflict of Interest: Prohibited Transactions

(b) A lawyer shall not prepare an instrument giving the lawyer or a person related to the lawyer as a parent, child, sibling, or spouse any substantial gift from a client, including a testamentary gift, except where the client is related to the donee.
 

curb1

Senior Member
Estate goes to wife. When wife dies her will dictates where her assets end up. Then remaining daughter (if she inherits) can decide where her assets will end up. Everything can change depending on what wife and daughter decide.
 

anteater

Senior Member
Also, there is a question of competancy. I just don't want to go down that road since it would hurt him and he doesn't have long enough to hurt. I just wondered if this whole scenario was questionable.
There is no road until he passes away.
 

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