Estate Law Questions? Ask an Estate Lawyer.
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He should have told you if he realized it and if he represented your brother in the transaction.
While it may not be a real conflict of interest it is certainly information that a prospective client would like to know and would expect to be revealed.
However, it is not uncommon for an attorney to represent someone and not remember it years later, particularly if it was a simple matter.
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My mother and father used this law firm for years, one of the law partners is now a judge. I find it difficult that within 2 years this attorney never pointed out that he represented both my brothers in the transferring of a quit claim...I feel like I am within my rights to notify the Michigan Bar Association and share that this attorney, dragged his feet, keep charging rediculous fee's, and therefore made me get another attorney.....By the way it has taken the second attorney who is from the same area over 17 months to requests records from banks where my Mother and Dad did business. He is a $200.00 and hour Lawyer who claimed to be a fast reader, I am very dissapointed in this type of performance, Am I wrong. I am Executor for my Mothers Estate.
Certainly if he represented someone you are now opposing in a case you had a right to know that before you hired him.
I can't really speak as to whether the attorney took too long or is doing a good job or not since I'm not familiar with all of the case.
17 months certainly sounds like a long time to request records though.
Assuming that the need for the records was clear from the beginning.
The Letter was very clear, nameing each bank specifically.
Requesting specific accounts
I'm not sure what letter you are referring to.
If it is a letter from you to the attorney requesting the records then he should have discussed it with you if he wasn't going to order the records or didn't feel they were necessary.
I wrote to the attorney stating that as Executor I needed records from 4 banks that I named, I specificied that in order to find out if my brother was stealing from my Mother who was sick, had to be medivaced from Florida. My Brother signed off as Executor because he didn't think that I would look into any of my mothers other accounts. Mistake on his part, I have a criminal Justice degree, So I began the search, Lots of money missing, He was taking money from my mother's check book and direct depositing to the Discover card company, where he was charging sometimes over $2000.00 a month for spending spree's and vacations. I still find it unusual, that this law office knew all my family...I also found a quit claim deed, supposedly signed by my Mother, It does not match any other signatures that I have compared from my Mothers handwritting. thanks....sorry to ask so many questions.
With facts like that I can certainly see the need for the documents.
Did you have additional questions?
thanks got more papers to go thru.....