QUESTION
Is there a Conflict of interest with attorneys and Special Needs Trust for my now deceased brother?
Asked on Jan 15th, 2013 on Estate Planning - California
More details to this question:
Can she used for my mother's probate for my brothers probate? Isn't that a conflict of interest? What is the time line for my brother's probate who had been in foster care and has no assets other than the Trust?
9 ANSWERS
Shadi Ala'i AlaiShaffer
Not necessarily. Of course there is not enough information in this question for us to really help answer this question. Generally speaking, an attorney could assist on the case especially if the other one is completed and no actual conflicts exist. You may want to consult an attorney of your own to be sure.
Answered on Jan 20th, 2013 at 4:53 AM
Thomas Edward Gates
There is no conflict of interest.
Answered on Jan 20th, 2013 at 4:52 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I am not sure I see a conflict, but you do not have a lot of facts posted. An attorney could certainly review this for you. What are your concerns?
Answered on Jan 20th, 2013 at 4:48 AM
2 Awards
Your question is not clear. If you are asking if the attorney can probate both estates the answer is yes and there is no conflict.
Answered on Jan 20th, 2013 at 4:46 AM
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From the fact sets forth, absent other issues, an attorney can handle different matters for a client. An attorney can handle a probate for one family member and a probate or SNT for another.
Answered on Jan 20th, 2013 at 4:45 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I am sorry but I don't understand your question at all. If you are asking if the attorney who handled your mother's probate can handle your brother's probate, then the answer is probably yes. He or she set up the special needs trust to take care of your brother. Now that he is dead, the attorney just has to make sure that the trust proceeds get distributed properly. Actually, this is more a continuation of your mother's probate than probating your brother's estate. If that is the question, then I don't see a conflict of interest.
Answered on Jan 20th, 2013 at 4:12 AM
1 Award
It does not appear to be a conflict, and the clients can always waive a conflict if they desire.
Answered on Jan 20th, 2013 at 4:07 AM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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No conflict if all parties are informed and agreeable. Time line will be at least 4 months to allow for creditor claims. Can't say beyond that without more information.
Answered on Jan 20th, 2013 at 4:05 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Why would there be a probate of your brother's estate if he didn't own anything? What is the conflict? You have not identified any.
Answered on Jan 20th, 2013 at 2:32 AM