Legal Question in Wills and Trusts in Arkansas

Attorney in Conflict of INterest

My grandmother has taken care of her Aunt who has recently been place in a home with Altimers.She left my grandma a car and a house being the only living relative besides my Aunt's children.The grandson has now retained an attorney who is his Uncle and they had the sick Aunt sign Half of the house and the power of attorney to the Grandson,who has forbide my grandma from seeing her Aunt.They have made the statement her Aunt was not in her right mind at the time,but she was.Does that also not mean though that the document they had signed was does in ''Undo Influence''?Is this also not a Conflict of interest for the attorney being a family member?And having the documents notirized by his Wife?Please help,my grandma is heartbroken and this has caused her health to become worse.The Grandson keeps harrassing her and will not allow her to visit her aunt.They are also telling her that she has to pay them 80,000 dollars for the rest of the house if she wants to keep it,but do not want to pay for title insurance??Does this mean they know their paperwork is false?


Asked on 4/11/07, 2:14 am

1 Answer from Attorneys

Brandon Moffitt Moffitt & Phillips, PLLC

Re: Attorney in Conflict of INterest

First, there is not a conflict of interest just because the Uncle is related (although I think attorneys should be very careful about getting involved in family matters).

That being said, it sounds like there are some issues here that need to be investigated further including the document that gave half of the property to the Grandson.

My advice is that your Grandmother seek the services of an attorney. In order for her to protect her interest in the home and to get the resolved in the best manner, she does not need to try and navigate through the process alone... especially since the opposing side is represented by an attorney.

I would be happy to talk to you, but at minimum you need to contact an attorney in the area.

Good luck.

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Answered on 4/11/07, 8:21 am


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