Can an attorney represent both a widow and her late husband’s estate?

Asked on March 5, 2015 under Estate Planning, North Carolina

Answers:

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

Answered 5 years ago | Contributor

There cannot be any conflict of interest or appearance of a conflict of interest.

Since there are competing interests here, the attorney should advise both the widow and the late husband's estate in writing that they have the right to discuss this potential conflict of interest with another attorney and retain another attorney if they choose to do so.


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