Conflict of Interest?

[NeedtoKnow2288]

If an attorney wrote a will, read the will to the co-executors, advised them on how to proceed with probate, advised them on how to handle disagreements between them, and then suddenly advised one co-executor to file a year's support to request all of the property left in the will to the other co-executor, has the attorney participated in a conflict of interest?

 

[seniorjudge]

Before we can answer that question, we have to know WHO the lawyer was representing.

Also, advising a client to exercise his or her legal rights in hardly a conflict.

 

[NeedtoKnow2288]

He wasn't hired by either of them. He read the will to them, because he wrote it. He knew they disagreed on what it said. When my husband suggested he get his own lawyer, this one said let's try to work this out. He told him to write down what he would propose. He also told my husband on the phone that he should go along with the will as written, because the step-mother could still file a year's support. My husband wrote what he proposed. The next thing we know, the lawyer files the year's support for her in the probate court. AFTER doing that, he told my husband he may need to get another lawyer as he can no longer represent them both. We will call one tomorrow, but still wondering if this was ethical practice.

 

[NeedtoKnow2288]

This question was answered in the wills and estates section.