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bobcare Asked November 2014

Why would a sibling retain the same attorney to create a trust?

Seems like a conflict of interest. Mother an father have a trust. Daughter is moving away from close to parents. Younger brother moves in to help parents at same time. Sole cregiver. No help from sister. Can you help me out with the confusion with this issue.

freqflyer Nov 2014
bobcare, as I had stated earlier, each client is a single entity. There is no cross matching between files UNLESS both or all the clients agree. Curious, are you and the rest of your family using a general attorney or one who specializes in estate planning and elder care law?

When I took my parents to see the Elder Law attorney for the first time for my parents to find out about trusts, etc. my parents wanted me to sit in on the discussion with the attorney.... but first the attorney asked my parents if they were ok with me being there because of attorney-client confidentiality. If my parents had said *no*, I would be asked to leave the room.

I wouldn't be surprised that attorney who withdrew from the case you mentioned did so because too many people were nosing around into each others affairs, and he didn't have time to bother with such nonsense.

BarbBrooklyn Nov 2014
I'm still not getting this. Whose privacy is lost. Mom questioned attorney about her trust or sister trust?

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bobcare Nov 2014
answer to jennegibbs. 1conflict of interest is if there are any issues not agreed on the attorney will withdraw. Another if advice is requested of the attorney he cannot give answers just suggestions. Also your privacy to the other is lost. My mother asked this attorney some questions. And was ignored. I retained an attorney called my moms attorney and upon guestioning he quickly changed his mind and suggested he withdraw from the case. Not a good idea to have 2 people get same attorney. I see it as an attempt to control situation. My thoughts. Thanks. Bob

littletonway Nov 2014
Why would the sister's trust be of any concern to you. It is her money and her business. Our attorney takes care of many of our family members and our CPA is the well involved with the family.

jeannegibbs Nov 2014
I take it that the sister is setting up a trust for her own assets. Is that the case?

What would be the conflict of interest? What is the confusion?

freqflyer Nov 2014
There wouldn't be a conflict of interest. An Attorney takes each person as a separate entity, even if the whole family of relatives goes to the same Elder Law attorney.

My Elder Law attorney, who works for a large law firm, is the same attorney as my sig other's, and my parents recently hired the same attorney to draw up their Trust.

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