Can an attorney represent an estate that they also have a claim against?
Question Details:
We recently hired an attorney to represent our mother's estate. The attorney did not tell us our mother owed her for previous services provided when our mother was alive. When it was time to close the estate the attorney sent us a bill for $2000 which was for services to our mother when she was alive. This was the first time we knew of the bill and was 16 months after our mother's death. Should the attorney have excused herself from representing the estate since our mother owed her money?
Wills, Trusts, Probate Law Answers
Yes, she should have excused herself from the representation; at a bare minimum, she should have disclosed the facts to you, so you could decide whether to have her continue with her representation under those circumstances.
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