Q: Is it a conflict of interest for an attorney that has been fired from an estate account to advise and assist w/next pr?
I hired my father's attny to advise me during my father's probate of his estate. The attorney ultimately held my dad's 401 k check for ransom basically, causing me to bounce checks to bounce checks that were written on the estate account so I fired him. He then had me removed as the PR and proceeded to basically advise the PR that was next in line on the estate as the PR. I am the only beneficiary of my dad's estate and I fired him. I absolutely did not want him any where near my dad's estate, however he managed to weasel his way back into the estate account. Was that legal for him to do that?
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A: There may be a conflict of interest for the attorney if he actually represented you, then represented someone else against you. But he may claim he represents the Estate. You should have brought this up when he moved to remove you as PR. The State Bar might be interested.
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