[WSBAPT] Conflict of interest question

[Philip N. Jones]

One client needs only one attorney, even though that one client wears several hats as fiduciary, creditor, or beneficiary.
Phil Jones

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________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Genissa Richardson <genissa at truenorthlegalservices.com>
Sent: Tuesday, September 12, 2023 3:24:44 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Conflict of interest question

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

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