Legal Question in Wills and Trusts in Texas

atty for stepmother has conflict of interest in handling estate

My father passed in 1994. One month prior to his passing (and everyone knew he was about to die), the atty advised my father and all his siblings to have the grandfather's land gifted to the children (my father's generation).

This was very valuable land and over 70 acres. It ultimately sold for over 20k an acre.

The problem is that this one atty. represented the stepmother and I along with all the siblings in a family partnership where all the land was placed (along with hundreds of other acres).

This same atty. represented the stepmother in my father's estate, he represented my father when my father drew up his will, and he represented myself years ago on another matter, plus he represented both myself and my stepmother in the partnership.

This atty. divided the Gift land as if it were community property, not separate property, as clearly this land was separate property by virtue of the land deed, which is entitled ''GIFT DEED.''

The same atty. drew up this deed also!

This atty divided the shares of this land into the partnership. By treating this 70 acres as community property instead of separate property, my sister and i lost about 50K.

What can we do about it?


Asked on 1/13/09, 4:21 am

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: atty for stepmother has conflict of interest in handling estate

It is probably too late to do anything. You are probably beyond the statute of limitations. Check with an attorney to go over the specifics to verify.

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Answered on 1/13/09, 7:59 am


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