Can a lawyer who probated your grandmothers will for you in 1992 be the judge if there now a criminal trail against you?

Can a lawyer who probated your grandmothers will for you in 1992 be the judge if
there now a criminal trail against you?

Asked on March 7, 2018 under Criminal Law, Minnesota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The lawyer who probated your grandmother's Will 26 years ago can be the judge in your current criminal trial because there is no conflict of interest.  Probate and a criminal case are unrelated matters and the probate was your grandmother's estate.  The fact that the probate of your grandmother's estate occurred 26 years ago shows how remote in time this is.
Therefore, there is no conflict of interest on the part of the judge.


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