QUESTION
What can we do if our lawyer is telling us to waive our mother rights to our late brother's estate or get another lawyer?
Asked on Mar 01st, 2014 on Estate Planning - New York
More details to this question:
Our mother is administrator of our late brother's estate. We have a lawyer that tells us to waive her rights or get another lawyer. What should we do now?
16 ANSWERS
Ronald A. Steinberg
Get another lawyer.
Answered on Mar 07th, 2014 at 10:14 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I have no idea what the issues are. If you don't trust your lawyer get another one. Find someone you trust and take his advice.
Answered on Mar 05th, 2014 at 9:54 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Get another lawyer specializing in probate litigation to review all of your estate documents to appropriately advise you, at least an independent consultation, and then make your decisions.
Answered on Mar 05th, 2014 at 9:49 AM
Thomas Edward Gates
Get another attorney.
Answered on Mar 05th, 2014 at 9:45 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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There's a lot unsaid in your question. It sounds like the lawyer may have a conflict of interest, and has properly disclosed this to you. But you don't say why you are asked to do anything on your mother's behalf is she incapacitated? Do you have power of attorney? I will say that if I had a client who doesn't like my advice, I would prefer that they talk to another lawyer. I can't be the right lawyer for everybody in the world; sometimes it's best to get a second opinion.
Answered on Mar 05th, 2014 at 9:30 AM
Get a second legal opinion as to what is best for the family.
Answered on Mar 05th, 2014 at 9:29 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Your question is incoherent. What are mother rights? Maybe he means you should waive your own rights? What's so bad about getting another lawyer?
Answered on Mar 05th, 2014 at 9:25 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No way to say, under the limited facts provided. What rights would you have? Your mother is the next of kin, under Michigan law. Is this a wrongful death case? You need to provide more information.
Answered on Mar 05th, 2014 at 9:22 AM
You don't explain why the lawyer believes this is the best course of action. Is your mother not able to handle the job? Would inheriting the assets of his estate cause her harm in some way? Which rights does he want her to waive? All I can recommend is contacting another lawyer and asking for advice.
Answered on Mar 05th, 2014 at 9:15 AM
2 Awards
Probably get another lawyer. It is unclear exactly what is being asked of you and why from your question, but it sounds like the attorney is not explaining what is going on to you the way he/she should and it sounds like the attorney-client relationship is compromised, so you probably should discuss your situation with another lawyer.
Answered on Mar 05th, 2014 at 9:11 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Not sure what you mean by "waive her rights". Talk to a separate attorney.
Answered on Mar 05th, 2014 at 9:11 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Get another lawyer. Sounds very odd.
Answered on Mar 05th, 2014 at 9:10 AM
3 Awards
Seek counsel form another lawyer. That lawyer will need to review the Will and probate papers. Then you decide.
Answered on Mar 04th, 2014 at 8:57 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Find out why the lawyer is making the recommendation and consult with a second lawyer as to the propriety, purpose and consequences of waiving such rights.
Answered on Mar 04th, 2014 at 8:56 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Waive her rights or get another lawyer. However, you should probably talk with the other lawyer first to see if what the first lawyer tells you makes sense.
Answered on Mar 04th, 2014 at 8:56 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You need to have your lawyer clarify the advice, because you are not understanding it. Only your mother can waive her rights, no one else can waive them for her. Next, you need to understand why that advice is being given. The lawyer needs to explain why he/she has reached that conclusion. Of course, that means you have to listen. Don't argue, don't interpose your own conclusions as to what is right or what ought to be, listen so that you can understand the reasoning behind the conclusion. Beyond that, you have been given a choice, so do one or the other.
Answered on Mar 04th, 2014 at 4:11 PM