Legal Question in Wills and Trusts in Florida

Probate. If an atty represents both the husband and wife and both instruct him to prepare new wills, and 4 months later the wife dies. The atty now represents the PR in the estate and files the wifes will made 18 years ago. The atty admits that the will probated is not her wishes but she never signed the new will. Is that a conflict of interest for the atty to represent the PR and probate the wifes old will?

Now second question, I have just found out the atty was paid for both husband

and wifes will just 2 months prior to the wifes death. I have physical proof.


Asked on 11/23/12, 8:29 pm

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

1. No not a conflict of interest.

2. No claim against the attorney in my opinion on these facts.

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Answered on 11/24/12, 8:23 am
Lucreita Becude Lucreita D. Becude, P.A.

I agree with Barry Stein. I suggest if you wish to challenge the will that you contact a probate attorney for yourself. Since she died, her assets may automatically go to her heirs and your father. Depends on what it states.

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Answered on 11/26/12, 11:13 am


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