Q: Should I get my own probate attorney?
My brother and I decided to go to probate together. But I am noticing that it seems the attorney is only representing him and not both of us since they sent me a waiver that seems to place everything in his hands. Our mother didn't want to leave him anything. She wanted to leave me what she had and I have the proof to that. My brother has already done a few things to try and gain the upper hand. I personally thought we were in this together but when I noticed that the attorney is not representing me as well now I am concerned. Especially since he became pushy to get the waiver signed to the point of scream and insults. Now more than ever I think he is up to looking out just for himself. Our half siblings don't seem to want anything from the estate. So it was just him and me. I need help I don't know how to handle court cases especially when I know my brother has been the type to screw over our parents how can I trust he won't do the same to me. Sorry for the cuss word. Couldn't think
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A: The attorney cannot represent you and your brother together unless you both sign a waiver waiving any conflict of interests. Although you seem to say that you and your brother decided to enter the probate together, it seems that he is being appointed personal representative and the attorney is representing him. Also, who has priority to be appointed personal representative depends on if there is a will or not.
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