Legal Question in Wills and Trusts in Florida

conflict of intrest

my mom died in february and left my oldest sister as personal executor of her will. well she is not doing right so me and my other sister went to see the lawyer, he refused to see us. come to find out he is representing my oldest sister while she is the executor. how can he represent my moms estate and my sister too.


Asked on 12/26/07, 4:43 pm

2 Answers from Attorneys

Stanley Miller Stanley M. Miller, P.A.

Re: conflict of intrest

There is no attorney who "represents the estate". The attorney represents the executor. If you are unhappy, you have to hire your own attorney.

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Answered on 12/26/07, 4:54 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: conflict of intrest

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It is not a conflict of interest. The attorney represents the Personal Representative which you say is your sister. As such, the attorney files the estate. If you have an issue, you and your sister will have to hire your own attorney to challenge the actions of the Personal Representative in court.

Scott R. Jay, Esq.

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Answered on 12/26/07, 11:44 pm


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