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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 32151
Experience:  Estate Law Expert
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Should the same attorney represent a deased husband and wife

Customer Question

should the same attorney represent a deased husband and wife if the trustee are two different?
Submitted: 4 months ago.
Category: Estate Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Can you rephrase that? It doesn't make any sense as worded.

Also, in what type of case would the attorney be representing the deceased ?

Customer: replied 4 months ago.
both wife and husband died within 18years of each other
my mom is trustee to the wife
and the neibor is trustee to the husband
the same attorney represents both of the deceased
should the sAME attny represent both of the deceased
Customer: replied 4 months ago.
nothing to add
Customer: replied 4 months ago.
Expert:  Dwayne B. replied 4 months ago.

I'm still a little confused. An attorney can't represent anyone who is deceased because they can't be a party to a lawsuit. Their estates could be, in the right circumstances.

Whether it would be a conflict of interest depends on what the lawsuit is about and what they are trying to do.

Customer: replied 4 months ago.
how do i find the answer to my
Customer: replied 4 months ago.
there is no lawsut should they use the samelawyer if a lawsuit occurs
Expert:  Dwayne B. replied 4 months ago.

I can answer it for you once you explain the facts.

Customer: replied 4 months ago.
answer my question please
Expert:  Dwayne B. replied 4 months ago.

Can you explain what the lawsuit is about? I have to know that or I can just give you the information on what you look at to determine whether there is a conflict, whichever you prefer.

Expert:  Dwayne B. replied 4 months ago.

There is not an automatic conflict of interest with an attorney representing two parties in the same lawsuit.

Expert:  Dwayne B. replied 4 months ago.

The only way it is a conflict of interest is 1) if the two parties oppose each other, and 2) if there is a limited amount of money and they are both trying to get all of it.

Customer: replied 4 months ago.
i understand
how do i find out when both wills be read?
who is required to tell date,place and time?
and how soon must the bill be read-within how many days from the death?
does all beneficiaries have to recieve their benefits before the trustee is pail there benefit?
Customer: replied 4 months ago.
just answer please
Expert:  Dwayne B. replied 4 months ago.

So if the estate of the two deceased are on the same side of the lawsuit then it is not a conflict of interest.

The law no longer requires a reading of the will.

The attorney for the estate is required to give notice of the time and place for any hearings in association with the will.

There is no requirement that a will be read anymore.

No, all of the beneficiaries do not have to receive their inheritance/benefits before the executor/trustee is paid.

Expert:  Dwayne B. replied 4 months ago.

Also, while the reading of a will is not required by law if the executor chooses to do that then the lawyer for the estate would notify everyone of the time and place.

The will itself should be filed along with the Application for Probate so anyone can see it at the clerk of court's office by asking to look at the file.

Expert:  Dwayne B. replied 4 months ago.

Did you have additional questions?

Customer: replied 4 months ago.
what is probate?
and what consitutes will(s) going to probate
Expert:  Dwayne B. replied 4 months ago.

Probate is the process where the will is filed with the court and the court then determines that it is the correct will and it meets all the requirements of a will. The court then appoints an executor, usually the one listed in the will if it has one, and then the executor gathers assets, determines who is owed money, pays the bills, and distributes the assets. The court supervises all of this and then signs off on the final order. Of course, it is more complicated than this makes it sounds but this is generally what happens and this is how it happens.

Customer: replied 4 months ago.
can executor of either will not pay correctly the deceased has desginated?
and can the exutor not pay a beneficiary of either will at all?
Expert:  Dwayne B. replied 4 months ago.

The executor has very little power as to who they pay. The only issue would be whether there are enough assets to pay the heirs. If the assets are there then the heirs must be paid according to the will.

The only way the executor can either pay less or not pay at all is if there are no assets or if the executor gets an order from the court saying that the heir(s) aren't supposed to be paid.

Expert:  Dwayne B. replied 4 months ago.

I am about to sign off for the evening. However, I will be back online first thing tomorrow so feel free to ask any additional questions you have in this thread.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Expert:  Dwayne B. replied 4 months ago.

I am posting this so you can get back here. I saw your other questions but we need to wrap this up here rather than opening new questions. I'll ask them to refund the money for those questions.

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