Opinion 2155

The Inquiring Lawyer represented an AIP (alleged incompetent person) in opposing an attempt by his daughter to have a guardianship established on his behalf. Before the guardianship hearing, the AIP died and now his surviving spouse, designated personal representation and sole heir to the estate, has asked the inquiring lawyer to probate the estate. The inquiring lawyer asks if it’s a conflict to represent the Personal Representative in the probate of the AIP’s estate.

Based on the limited facts presented, the Rules of Professional Conduct do not prohibit the lawyer of a deceased former client from representing the PR of the former client’s estate where the PR is also the former client’s spouse and sole heir of the estate. Should the lawyer have acquired information which would jeopardize, compromise, influence or affect representation of the estate in violation of RPC 1.1 or 1.3 or should the lawyer learn or conclude that he is likely to be a necessary witness (RPC 3.7), or if there is evidence that the AIP was not competent at the time his will was executed, or if such other facts come to light that might indicate conflict in violation of 1.6(a), 1.7(a), 1.8(b) or 1.9, the lawyer may well be obligated to withdraw.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.