When an attorney has a conflict of interest in a case the attorney is not allowed to be involved in the case. A bizarre case in Louisiana illustrates how that principle applies to estate administration.
There is apparently no dispute that Kaci Breen shot her husband, Wayne, in the chest twice. Whether that makes Kaci guilty of murder is the subject of an ongoing sheriff’s investigation.
Five days after shooting her husband, Kaci filed a petition with the probate court to have an attorney appointed to find her husband’s latest will. Attached to the motion was an older will that named Kaci as the executor of the estate.
Of course, it should go without saying that if Kaci is convicted of murder, she cannot have anything to do with her husband’s estate.
A few days later another attorney, representing the grown children, filed a motion to have Kaci’s attorney removed from the case due to a conflict of interest.
It turns out that her attorney’s firm has a close relationship with the very sheriff’s department that is investigating the possible murder. Kaci’s attorney submitted a long response in opposition, but did withdraw from the case.
The New Orleans Advocate has more to read on the story in an article titled “Legal battle begins over slain doctor’s estate.”
Obviously, a lot is going on in this estate case and it is far too early to speculate on how the estate will eventually be divided. The key point right now is that an attorney can be removed from an estate case if that attorney has a conflict of interest.
Here the conflict arose because the firm representing Kaci had an ongoing legal relationship with the same sheriff’s department investigating potential murder charges against her, and the results of that investigation will have a dramatic impact on the estate.
Reference: New Orleans Advocate (March 19, 2015) “Legal battle begins over slain doctor’s estate.”
I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.
The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!
Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.
Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!
I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!