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Lawyer for estate was and is representing Credit Union that…

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Lawyer for estate was and...
Lawyer for estate was and is representing Credit Union that had late mother's Home Equity Loan. My name as executor is not on loan note. Estate lawyer was also guardianship lawyer which continued beyond probate close. My sister ward inherited the property. I see huge conflict of interest. We are trying to sell to avoid foreclosure which has not taken place. We also feel that collusion has taken place between lawyer and credit union and one particular buyer. My sister's guardianship is ordinary only for medical care we live together. Please help us and advise
Submitted: 10 months ago.Category: Legal
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Answered in 4 minutes by:
10/6/2017
Lawyer: Barrister, Attorney replied 10 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,115
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Have you been formally appointed as executor by the probate court judge?

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Is the estate unable to pay the loan off without selling the house?

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Is there some reason as executor why you haven't hired a different attorney for the estate and fired the one with the conflict?

.

Do you have the home listed with a realtor for sale?

.

.

thanks

Barrister

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Customer reply replied 10 months ago
to question 1 as well as guardian. No. Due to limited income. Income in part and fact that probate had nearly closed when I learned of conflict/ethics breach. Judge was made aware by me. Note. Nothing from sheriff at all. No. Trying broker route so we can move without taking loan to keep costs down.
Lawyer: Barrister, Attorney replied 10 months ago

Ok, then you as the executor have the final say about whether the house is sold because you are the one who has to sign off on any deed.

.

With that said, you really need to have the home listed with a realtor to get maximum exposure to try and sell it prior to any foreclosure. There are no costs to you in listing a home so that really shouldn't be an issue. They only get paid if they sell the house, not before.

.

So if the attorney has potential conflicts, that is not inherently bad, as many attorneys represent different entities in smaller towns. But he just can't be on both sides of an issue and if he has represented the bank in the past and is currently their attorney, he shouldn't be representing the estate because your interests are adverse..

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But if money is an issue, and you can't afford to hire another, just treat him as someone who you don't trust to act in the estate's best interest and only rely on him to essentially communicate with the bank as a go between..

.

.

thanks

Barrister

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Customer reply replied 10 months ago
He removed himself as guardianship attorney within last week or so. Realize adverse we are just trying to move that is downsize because my credit is shot from taking care of some estate expenses--served without bond. Estate was closed 2015, but attorney continued for guardianship until just recently. Like to list but the commission Would rather forego to conserve as much capital for ward as per will.
Lawyer: Barrister, Attorney replied 10 months ago

Ok, that makes sense.. but if you wait too long and it goes to foreclosure, then you will likely get nothing because only bottom feeders and investors bid at auctions for a deal.. So paying a realtor a commission to get it out there being looked at by hundreds if not thousands of other realtors for their clients might be worth paying a commission to end up with something rather than nothing..

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You don't really have any great options... just a range of bad ones so you need to pick the least bad one..

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Lawyer: Barrister, Attorney replied 10 months ago

Hello again,

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I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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