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These are two completely separate issues. Once your mother died, the POA automatically terminates. At that point, your authority is as executrix named in the will. If your brother wanted to challenge your actions under the POA, he has to actually file suit to claim that you breached your fiduciary duty as POA. But, until he does that, the only issue is the probate assets
in the estate of your mom as of the date of her death because it's only under the will that entitles him to any inheritance. It's important also to realize that certain assets pass outside probate
and thus are not governed by the will and thus are not within your brother's rights to inherit under the will. These include the following: i) joint brokerage and bank accounts which vest automatically in the surviving owner upon the death of one owner; ii) real property held as joint tenants or tenants by the entirety, which also vest automatically in the surviving owner upon the death of one owner; and iii) assets with designated beneficiaries other than the estate such as life insurance and retirement accounts. And, you are correct, the estate lawyer represents the estate, not your brother. And, it is a conflict of interest to do both. A conflict of interest is a situation in which a person or organization is involved in multiple interests, one of which COULD POSSIBLY corrupt the motivation of the individual or organization. The presence of a conflict of interest is INDEPENDENT of the ACTUAL occurrence of impropriety. Rather, a conflict of interest is a set of circumstances that CREATES A RISK that professional judgment or actions regarding a one interest COULD BE UNDULY INFLUENCED by a second interest. This is clearly the situation in this case. :)
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