Conflict of Interest and Allegedly Missing Assets

An attorney who represents a beneficiary of an estate to remove an executor and who later represents the same person as successor executor does not have a conflict of interest. An objection claiming that the destruction of a computer caused the destruction of records of other assets of the estate was dismissed because of credible testimony that there were no such records on the computer and because there was no evidence indicating the existence of assets other than those included in the account. Objections to the distributions of tangible personal property, and to executor commissions and legal fees, were also dismissed. Albertson Estate, 12 Fid.Rep.3d 62 (Monroe O.C. 2021).

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