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TJ, Esq.
TJ, Esq., Attorney
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Experience:  Licensed to Practice Law
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My partner in a property held in a general partnership past

Resolved Question:

My partner in a property held in a general partnership past away . There were never a partnership agreement however I was 75% owner and he was 25% . There are other evince to testify to this .

Did his wife had a right to go to probate court and transfer 50% of the property to her name? And how should the attorney helping her be held liable ?

I was never Noticed or informed of such transfer having had taken place.
Submitted: 9 months ago.
Category: Legal
Expert:  TJ, Esq. replied 9 months ago.
Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX I will do my very best to answer your legal questions.

You wrote: "There were never a partnership agreement however I was 75% owner and he was 25% ."

There must have been an agreement, otherwise, you would have no claim to 75%. When there is no agreement among partners, then they all share evenly. That is apparently what the wife thinks ... that her husband is entitled to 50% because there is no agreement otherwise.

Your argument will have to be that there was an agreement that you owned 75%. But bear in mind that agreements do not have to be in writing. So, if you have evidence such as witnesses, etc., then you may be able to prove the existence of an agreement even if there is nothing in writing. If you can prove the existence of an agreement that you own 75%, then you may be able to force the wife to transfer 25% of what she took back to you.

As for her attorney, however, you haven't mentioned anything to suggest that he'd be liable for anything. Assuming he does not also represent you, then I doubt he has done anything wrong. If he does represent you as well, then he may have done something unethical since he represented another person against your interests. You may have a valid bar complaint against him, though I don't believe that he'd be liable to you financially.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is greatly appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To TJ, Esq." in the subject line of your question.
Customer: replied 9 months ago.

The attorney that has helped her was my ex husband attorney as well. This woman was married to my brother which was my partner. The attorney was well aware of these relationships. Would he be liable for for conflict of interest?


 

Expert:  TJ, Esq. replied 9 months ago.
Hello again.

No, I'm sorry to say that the various relationships that you've described does not create a conflict of interest. It is unethical for the attorney to represent somebody against the interests of a different client, but it is not unethical for the attorney to represent somebody against the interests of the ex-wife of a client. Also, the fact that the other person is your sister-in-law is irrelevant to the representation as well.

I truly wish that I had better news about that. Nonetheless, you may still have reason to go after the sister-in-law if you have evidence that the arrangement was 75/25. I wish you luck in that pursuit!
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9679
Experience: Licensed to Practice Law
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