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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
