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Is there a conflict of interest when Executor is also a beneficiary and has Power of Attorney for another beneficiary?
Wiki User
∙ 14y ago
Their shouldn't be a conflict of interest as long as the executor maintains detailed records and settles the estate according to the terms of the will and the state probate laws. As long as the executor doesn't do anything that's questionable (regarding the principal under the POA) there shouldn't be a problem. On the other hand and if possible, in the matters of the estate the principal could sign any court documents for themselves rather than having them signed by the attorney-in-fact under the POA. That would remove the possibility of doubt.
Wiki User
∙ 14y ago
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Can your sister who is listed as an executor along with you also as an executor try to have you removed as an executor on your mothers will?
Yes, she can petition the court to be the sole executor. If there is conflict, the court may very well appoint a third party, a bank or attorney, without a vested interest in the estate. This typically costs the estate money in the form of compensation to the executor.
Can a property be forced on a beneficiary?
Yes. Any person who has an interest in seeing the decedent's estate opened can force probate of the will or the grant of administration if there is no will. A person has an interest if he is owed money from the estate on a debt or because of a gift in the will or for any other matter that an executor/administrator might have to do. Sometimes this interest includes forcing probate in order to give or pay something to an estate as long as an executor is needed to accept the item or payment. There are different court procedures enabling an interested party to force probate, depending on the state involved.
Is it a conflict of interest for an attorney and client to have dinner?
no
What should you do if the named executor who is also the main beneficiary is not acting in the best interest of the other heirs?
Either renounce or administer the estate or pay a professional to deal with the matter and the fees would be met from the estate. It is up to the executor to decide. If the exector decides to administer the estate, he or she can be paid a fee (amount varies by state and county). The executor is not a beneficiary and the beneficiary is not the executor. The beneficiaries really have no say as to what the executor should do (i.e., adminster estate, hire attorney to represent estate, or renounce). The executor has a sworn duty to administer the estate in accordance with the deceased's will and the laws of the state and county of probate.
Does a Beneficiary have the right to enter a willed home?
Not until authorized to do so by the executor. The property belongs to the estate and the executor must protect the property.
In the state of Virginia can an executor also be witness to and beneficiary of a will?
Being named the executor and the beneficiary, and then signing as the witness would leave the will vulnerable to challenges. A beneficiary is often named as executor in a last will. Generally, you should not be a witness or notary of any written instrument from which you will benefit. However, in Virginia it may be legal according to the following section: § 64.1-51. Interested persons as competent witnesses. No person shall be incompetent to testify for or against the will solely by reason of any interest in the will or the estate of the testator. You should check with an attorney in Virginia who specializes in probate.
If you consulted with an attorney and your mother hired him for matters against you is that misconduct?
That attorney has a conflict of interest.
Can someone have medical power of attorney at the same time be executive to the patients will?
Yes, someone can have medical power of attorney and be named as the executor of a patient's will at the same time. These roles serve different purposes and do not necessarily conflict with one another. Medical power of attorney grants an individual the authority to make healthcare decisions on behalf of the patient, while the executor of a will is responsible for handling the deceased person's estate and carrying out their wishes as stated in the will.
Is it a conflict of interest that your divorce attorney is good friends and speaks daily with a woman your husband would like to marrY?
Absoultely! If your soon-to-be ex husband is in a relationship with this woman it is a serious conflict. How can you expect to get fair and unbiased legal representation? Find another attorney, file against this attorney for conflict of interest and get on with the divorce!
If an attorney represented your granny and now represents your ex is that a conflict of interest?
not if her case is finished. also if they are separate cases that doesn't deal directly with your granny and you ex then the attorney can accept both cases without conflict of interest.
Is it a conflict of interest that the divorce lawyer is best friends with your wife?
Well exactly how close are these best friends? Who is the BF Attorney representing? I mean really would you honestly feel comfotable with this situation??? Yes it is a conflict of interest and the best friend attorney shpould excuse himself from the case due to a conflict of interest.
Is it illegal for an attorney to represent both parties in a divorce?
Yes. That would be a conflict of interest.
