Question
How would you respond to this question? How would you define the role of fiduciary? Based on that definition and the expectations of a fiduciary,
How would you respond to this question? How would you define the role of fiduciary? Based on that definition and the expectations of a fiduciary, would your client have interest? How would you cite the rules from the text in determining weather or not there is a conflict? Based on the case of Berg, is it appropriate to appoint the client as personal representative?
The client in your office is 1 of the 3 children whose mother just passed away intestate (which means what? make sure you start by defining it), owning only 1 piece of real estate and a bank account.The father passed away several years ago, so the only heirs are the 3 children (do not discuss the father in your analysis).Your client has been living with his mother in the property and claims that he should be allowed to purchase the property from the estate, but at a lesser value because he made numerous improvements to the property while living there.His two siblings disagree, want it sold on the open market with no reimbursement to your client for the improvements.None of the siblings are speaking to each other.Your client asks you to file a petition with the court to start estate proceedings and to name him as the potential personal representative.
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