UPDATED: May 22, 2009
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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. http://www.wisbar.org/.
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