Estate Probate

UPDATED: May 22, 2009

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Estate Probate

Can the same attorney represent two different parties applying for personal representative of an estate without a will? This is in the state of WI

Asked on May 22, 2009 under Estate Planning, Wisconsin


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Well, typically if there is a direct conflict of interest, which appears to be here, then an attorney cannot represent both parties.  Even if the parties waive their right to such issues.  I don't have all the backstory but is there a possibility the attorney is actually the estate's attorney and now there is an issue as to choosing a new personal representative for whatever reason?

Not sure, but if you suspect this attorney of committing ethical violations, then try filing a complaint with the Wisconsin State Bar.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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