conflick of interest

[cathy4me]

What is the name of your state (only U.S. law)? Hi my state is illinois,my question is if a claim is filed against an estate and the attorney in question is found to have a conflict of interest. And the claim has to be refiled does the claim legally refer back to first date filed or would it go by the date it has to be refiled?Thank-you for your time. Cathy

 

[seniorjudge]

What is the name of your state (only U.S. law)? Hi my state is illinois,my question is if a claim is filed against an estate and the attorney in question is found to have a conflict of interest. And the claim has to be refiled does the claim legally refer back to first date filed or would it go by the date it has to be refiled?Thank-you for your time. Cathy

Tell us what you're talking about so we can help you.

 

[anteater]

Tell us what you're talking about so we can help you.

There be history here!

 

[cathy4me]

Our cousin passed away no will was found ,a neighbor was court appointed administrator .3month's later a will was found naming myself as exuator and my wife &myself sole heir's.We transferd exuatorship,the present lawer we felt was not up to par so we hired a different attorney.The neighbor put a petition in with the court's against the estate for his time he put in as admistrator.The lawer that filed it was the first attorney representing the estate before we let him go.I talked to the district attorney he advised me this was a conflict of intrest and the petition had to be refiled with a different attorney.He also said this was a conflict of interest.The first 6 month's is now past as far as our cousin's passing and the notice in the papers.That's why i would like to know which date will the court's recoganise the first time it was filled or the second time it will be refiled. Thank you for your time Chad

 

[HomeGuru]

Tell us what you're talking about so we can help you.

**A: that should be a good response to a lot of these posts.

 

[anteater]

I talked to the district attorney he advised me this was a conflict of intrest and the petition had to be refiled with a different attorney.He also said this was a conflict of interest.

Can you explain what the DA has to do with a probate case? And why his/her opinion makes any difference?

Have you rejected the claim and notified the claimant?

What does your attorney say?

 

[cathy4me]

I talked to the D A on a different matter ,it's a very small town he was very friendly and offered his opinion.I will decide if I want to push the issue of refiling if I knew thr court's would recoginise the date of the refiling or the first time it was filed.The difference is I will persue it if they choose the refiling date this mean's the claim would be past the 6 month's for filing a petation against estate.And all claims barred after this time.

 

[anteater]

So this is one big hypothetical based upon the opinion of someone with no involvement in the probate case, likely has not practiced probate/estate law, and should probably not even be offering an opinion?

If you are really determined to play games, then you should be taking the advice of your attorney so that it does not blow up in your face.

 

[cathy4me]

Is it really that difficult to get an answer on this matter,you don't know the whole story,the people we are dealing with are not good people the police are currently investigating theft's from the estate and other matters i really don,t want to get in to it .And my dumb luck the second attorney we hired is friend's with the first attorney .And when we requested the refiling because the first lawer represented us but now is filling petitions against us --our present lawer didn't want to because he thought it would be a waste of time.He pretty much refused to do as we requested ,the estate is small so if i keep getting different lawers the estate will be spent totally on lawer bills.Our current lawer told us if it is refiled is would refer back to the first date it was filed no matter if it was refiled later.Both my wife and I get the felling he is just trying to push it through quickly and be done with it because of his past relationship with the first attorney.I've never done this before and I hope you won't be critical of us ,I really just want to do the right thing and put this behind us and I guess I was looking for a little assurance that our lawer was leading down the right path and was be truthful with us that having the first lawer representing the people is not a conflict of interest because he represented us on this estate before we let him go and we should just let it go.I value you opinion as i'm not sure what would be the best way to handle this.

 

[anteater]

Apparently, your second attorney can't answer the fairly simple question. Or have you fired that one, too?

Get some guts and reject the claim if it isn't legitimate.


Edited to add: I see that you are into completely re-writing posts.

And... what your current attorney told you makes sense. I can't see the court penalizing a claimant, even if a conflict of interest exists - of which I am skeptical.

 

[justalayman]

first, did the courts agree with your rejection of the petition?

then, it was the attorney, not the administrator that was the problem. As such, it would be unfair to deny the admin the right to their fair compensation due to the attorneys position. That would cause the original date to be used for the filing IMO.

chronology

from date of death;

when was probate opened

when did you become admin

when did the former admin petition for payment

was the attorney that filed the petition still the attorney for the estate at the time the petition was filed

when did you reject payment

when did you inform them the reason for the rejection

Is it really that difficult to get an answer on this matter,you don't know the whole story,

you do realize that due to the second part of that statement, the first part is true