[WSBAPT] Conflict of interest question

Genissa Richardson genissa at truenorthlegalservices.com
Tue Sep 12 15:24:44 PDT 2023


Listmates,

Conflicts question:

Aunt passed away and left real property to Nephew. Nephew began probating
Aunt's estate, but did not transfer the title of RP to himself yet. Then
Nephew passed away (intestate).

PNC is a friend of Nephew, who paid off the mortgage on the property to the
tune of over 100k. Has bank records to prove it - transferred money
directly to the bank. Plan was for Nephew and Friend to take title to the
property together.

Friend seeks representation in her capacity as a creditor of Nephew's
estate. She is talking to friends and family to try to determine who will
be the new PR of Aunt's estate and who will be PR of Nephew's estate.

My thoughts are that a) it would be a lot more concise and easier to have
one attorney handle both probates and represent her as creditor, *but* b)
best practices and ethics rules dictate that I not do that.

Can I represent Friend in her capacity as a creditor and represent the PR
of either of the estates? I'm thinking instead that two additional
attorneys are necessary - one for each PR/estate?

Can Friend take over as PR of one or both estates? Again, it would be the
easiest route, but I'm not sure it's a good idea, due to size of creditor
claim.

We do not anticipate any conflicts or litigation, etc., but obviously I
can't know for certain at this juncture and it sounds like a bad idea for
me to represent everyone here.

Thoughts?
*Genissa Richardson, Attorney at Law*
*True North Legal Services, PLLC*
*301 Prospect St., Bellingham, WA 98225*
*PO Box 934, Bellingham, WA 98227 (mailing address)*
*Phone (360) 639-3393*
*U.S. Coast Guard Veteran*

*NOTICE OF UNAVAILABILITY:*
I am out of the office and unavailable the following dates:
December 22nd, 2023 - January 1st, 2024
January 17th - 31st, 2024

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