Is it a conflict of interest if a person is listed as a beneficiary and her husband is the lawyer for the estate?

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Is it a conflict of interest if a person is listed as a beneficiary and her husband is the lawyer for the estate?

They will be getting the money from her being in the Will and him for being the lawyer.

Asked on February 2, 2012 under Estate Planning, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is not assumed that there is something funny going on but it certainly an give an appearance of impropriety.   All the facts here need to be reviewed in order to determine if a conflict exists.  Was the beneficiary one that would have received part of the estate even if her husband was not the attorney? Are the percentages scewed in her favor? Please bring all the documentation to an attorney to review. Good luck.


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