Estate Probate

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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

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 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.  http://www.wisbar.org/.


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