LEO: Estate Administration Conflict LE Op. 260

 

Estate Administration Conflict.

 

May 16, 1975

 

It is not improper for the attorney for an executor-beneficiary to fail to advise another beneficiary, whose interests are potentially in conflict with those of the executor-beneficiary, to secure independent counsel; however, the attorney for the executor-beneficiary should advise his client that the conflict exists and that said client should recommend to the other beneficiary, in reference to whom the client has a fiduciary duty, that said other beneficiary retain independent counsel.

 

Committee Opinion May 16, 1975

 

LEO: Estate Administration - Conflict, LE Op. 260 (1975)