Is it a conflict of interest for an immediate family member to be the attorney of record for the Will of the mother/grandmother of the extended family?

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Is it a conflict of interest for an immediate family member to be the attorney of record for the Will of the mother/grandmother of the extended family?

I am the oldest of 4 boys. We just admitted our mother into hospice with stage 3 pancreatic cancer. My youngest brother and his wife are both attorneys. My sister-in-law has drawn up wills for both my mother and father. It seems to me that perhaps this is a conflict of interest for my sister-in-law.

Asked on July 28, 2012 under Estate Planning, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your situation.  It is not necessarily a conflict of interest for your sister in law to draw up the Will of your parents.  If the Will appears to leave more to her husband than to the rest of the siblings then you have an issue.  But if all she is doing is memorializing the wishes of your parents then it should be fine.  Good luck. 


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