Hi there,
My elderly, widowed aunt is dying, and we recently found out that the pastor of her church has had his name put on all of her bank accounts and assets with survivorship. He also has been recently named Power of Attorney (my mother held dual Power of Attorney, along with a cousin for many years, and we only just found all of this out, on arriving at the hospital.) My aunt has employed the same attorney for many years - he handled the drawing up of her will, and other small legal needs that she had over the years, and we've learned that this Pastor hired a new attorney (with no prior or personal knowledge of my aunt's history) to change her estate plans. He has been isolating her from friends and family for the past two years (even going so far as removing the phone from her hospital room so that family from out of town could not reach her), and is an opportunistic, conspiring piece of human garbage.
We are going to file a suit to recover her assets, because it's textbook financial abuse through undue influence, but my question is this - Is it a conflict of interest to employ my aunt's lawyer to handle the case? He knows all of her prior plans, and knows her family relationships. BUT, since he was initially supposed to handle her estate upon her passing, and now will not be, could it be seen as a personal vendetta on his part by the defense? We are meeting with him on Friday, and are wondering if he'd be a more appropriate witness than representation. Not sure what the precedent is.
Thank you so much - we appreciate the help.
My elderly, widowed aunt is dying, and we recently found out that the pastor of her church has had his name put on all of her bank accounts and assets with survivorship. He also has been recently named Power of Attorney (my mother held dual Power of Attorney, along with a cousin for many years, and we only just found all of this out, on arriving at the hospital.) My aunt has employed the same attorney for many years - he handled the drawing up of her will, and other small legal needs that she had over the years, and we've learned that this Pastor hired a new attorney (with no prior or personal knowledge of my aunt's history) to change her estate plans. He has been isolating her from friends and family for the past two years (even going so far as removing the phone from her hospital room so that family from out of town could not reach her), and is an opportunistic, conspiring piece of human garbage.
We are going to file a suit to recover her assets, because it's textbook financial abuse through undue influence, but my question is this - Is it a conflict of interest to employ my aunt's lawyer to handle the case? He knows all of her prior plans, and knows her family relationships. BUT, since he was initially supposed to handle her estate upon her passing, and now will not be, could it be seen as a personal vendetta on his part by the defense? We are meeting with him on Friday, and are wondering if he'd be a more appropriate witness than representation. Not sure what the precedent is.
Thank you so much - we appreciate the help.