Legal Question in Wills and Trusts in California
Conflict of Interest?
The attorney who drew up the will and trust of my recently deceased cousin was also her financial advisor and executor of her estate. He is also named as beneficiary of %40 of the estate. Does this constitute a Conflict of interest?
2 Answers from Attorneys
Re: Conflict of Interest?
This may create a presumption of undue influence, depending on the attorney's relationship with your cousin (family, married, or non-related?) and when the will was created, as the laws have changed in this regard within the last 10 years. You should consult with an attorney fairly quickly, as the time to contest the will is short, and you should also discuss whether if contesting the will is a good idea, as it may trigger a no-contest clause and require first filing under a "safe harbor" provision of the Probate Code.
Re: Conflict of Interest?
This is totally against the law, unless she was advised by another attorney. You can bring an action againt this person, assuming you would be entitled to a share of the estate. Please let me know if I can be of help.
Mina Sirkin
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