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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 38838
Experience:  Texas lawyer for 30 years in Estate law
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My mother passed away 1/29. My sister was her guardian who

Customer Question

My mother passed away 1/29. My sister was her guardian who worked with a law firm to set up the guardianship which is supposed to end with the death of that person. She is not only meeting with this lawyer, but is privy to the fact that the final accounting of the estate is winding down. Is that a conflict of interest? Or is that something else?
Also, her son - an attorney - is now the Executor. If he shares information with her (as he is very close to his mother) - is that a conflict of interest? Can discussing things with her even be prevented (practically speaking)?
My older sister took two fur coats of my mother's at the time she was initially placed in assisted living - one of which was promised to me. How can I be sure to receive that without a fight because she is "in possession" of it? My mother told me I could have it a long time ago. This was well in advance of her being diagnosed with dementia.
Finally, my father took monies from me that I was entitled to when I sold a property I bought a long time ago - he signed a gift letter. I lived on substandard housing for 7 years with so many issues too long to discuss here. The monies left in my mother's estate he earned and put aside. So while he is already dead since 2010, I just found some paperwork on this. He demanded the monies back and was extremely nasty about it at the time - but he handed out $189,600 to my younger sister over a four year time frame (cars/money/other items of value) while she had 'Stockholm syndrome' over my parents (and my other sister/nephew are well aware) but he wanted this measly amount back. There is a paper trail evidencing the $189k - much of which I have with my older sister having some other items.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

The guardian should file a final guardianship accounting separate from probate.If there is a probate to be opened--ward here had assets then that is a separate case with separate personal representative named in will.If there is no will then anyone including you can apply to be personal representative.

There is potential for conflicts if the same person is both guardian and personal representative and same law firm.You are free to write the judge about your concerns or get your own lawyer to raise these and seek a different personal representative.You have the right idea here that there is the same persons watching each other.A different personal representative to me would be a great idea and possibly a different estate lawyer too.

It would leave the potential appearance of a lack of independence here, having different persons and lawyers is a reasonable request assuming there is a fairly sizeable estate left here.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  RayAnswers replied 1 year ago.

If you can positive rate when we are done it is always much appreciated.