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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My brother passed away. He was a co-successor trustee of my

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My brother passed away. He was a co-successor trustee of my aunt and uncles Trust. With his passing I became his replacement as a co-successor trustee. The other co-successor trustee hired he cousin as our legal representative. The cousin (lawyer) told me that there was no conflict of interest because she is not one of the beneficiaries of the trust. However, there were 13 beneficiaries and with my brothers passing there are now twelve of which the lawyer is a first cousin to 9 of the beneficiaries.
This appears to be a conflict of interest, is it?
The cousin was contacted and doing legal research several weeks before I was made aware.
Submitted: 5 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

I am sorry but I still fail to see the conflict. A first-cousin does not inherit as that is someone who is not in direct line to the trust assets. Therefore the attorney can represent the trust because the attorney will not directly profit from the proceeds. Only if the attorney would actually inherit could there be an argument made that there is some sort of a violation.

Good luck.
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