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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102496
Experience:  Fully licensed attorney in Texas in private practice.
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My father passed away in Dec. 2011 and I am the executer of

Customer Question

My father passed away in Dec. 2011 and I am the executer of his estate and we still have not finished with the succession. My question is this: I will say approximately 25 or 30 years ago he and his brother went in 50/50 and built government subsidized apartments and formed a management company and built about 8 apt complexes with them being the General Partner and the others involved were the Limited partners. The Attorney Firm that set all of this up also became Limited partners for tax write offs which is a conflict of interest to me. Well when my father died his brother became the greedy brother and started handling things the way he wanted and tried to kick my sister and I out-dad left a will and everything to us. The brother has 2 sons. Well now we are in court trying to get our share and the greedy brother is using this law firm who they both used during their lifetimes(this firm even did my dads will and many other private things for my dad. So now this firm is against my sister and I and working for the greedy brother suing us. I view this as a huge conflict. This law firm is in Shreveport Louisiana and think they are the greatest firm ever. What if anything can be done and in your opinion is this a conflict and can they get in trouble doing this? The greedy brother is trying to get us out of all of the family companys not just these apt. complexes.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information 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.

I am sorry to hear about you loss, and this situation.

A formal conflict of interest that mandates that an attorney opt out from a representation in Louisiana can be found HERE, under 1.7 to 1.10.

The firm becoming limited partners with the construction was not a conflict of interest. An attorney may do business with a client and continue to act as their attorney within that business matter. So this is moot here.

The brother using this firm for probate is also not a conflict of interest. This is because just because the firm used to represent the deceased and the brother does not mean that it cannot represent the brother in an estate matter for the deceased. There is no conflict of interest as this is brother v. you, and not brother v. the estate.

If you wish to try to have them removed, you can file a Motion to Recuse Counsel and try, of course. But chances are slim that they would be.

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Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!