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colliemom2

Conflict of Interest

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I am the sucessor trustee for my parents trust. 30 days after my mother passed I met with their attorney.He handled all the paperwork, Fed tax Id#, selling family car etc. He counciled me, on my duties as trustee, record keeping, compensation, as well as filing taxes. I was billed for 1-1/2 hrs $560. He has sent via USPS letters reminding me of a deadline for filing tax forms etc. My brother has filed with the Probate Court to have me removed as Trustee. This same attorney is representing him. Isn't that clearly a Conflict of Interest..

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I am the sucessor trustee for my parents trust. 30 days after my mother passed I met with their attorney.

 

"Their attorney"?  As in your parents' attorney?  I assume that's what you meant.  However, you said your mother is deceased.  Is your father alive or deceased?

 

For what purpose did you meet with this attorney?  In your capacity as successor trustee, did you retain this attorney to represent you?

 

 

 

My brother has filed with the Probate Court to have me removed as Trustee. This same attorney is representing him. Isn't that clearly a Conflict of Interest..

 

Entirely possible.  Assuming you want to fight your brother's action, I suggest you consult with another probate attorney and discuss whether a motion to disqualify your brother's attorney is appropriate and worth the expense.

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I apologize for not being a little clearer on my original post. Both parents are deceased. I met with this attorney per his insistance to discuss my duties and basically how to proceed with caring out my role as trustee. What my responibilities and fudicary obligations to those named as beneficiaries of the trust. He took care of making application for the Fed Id# etc. He clearly was fullfilling the role as my attorney.

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Both parents are deceased. I met with this attorney per his insistance to discuss my duties and basically how to proceed with caring out my role as trustee. What my responibilities and fudicary obligations to those named as beneficiaries of the trust. He took care of making application for the Fed Id# etc. He clearly was fullfilling the role as my attorney.

 

Ok.  That's more than a little odd.  Just because he used to be your parents' attorney doesn't mean he has any role in the situation after they've died (meaning he had no business "insisting" that you meet with him).  I assume you became successor trustee by virtue of your mother's death, but it does not sound like you retained him to represent you.  Nevertheless, it seems that he performed services for you in your capacity as trustee, so I would think you could have him conflicted out and suggest you consult with another probate attorney about the matter.  You also might want to do some reading here -- http://www.utcourts.gov/resources/rules/ucja/#Chapter_13 -- particularly the section about the lawyer-client relationshp and, in particular, Rules 1.7-1.9.

 

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