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.

Use the above facts and support from the required readings (textbook AND case of Berg) to answer the following:

1. Discuss the role of a fiduciary (remember, cite your source specifically).
2. Based on required fiduciary duties, does your client have a conflict of interest? Cite the text(s) you used to determine whether or not a conflict exists.
3. Based on the case of Berg, is it appropriate to appoint the client as a personal representative?

In response to your peers, discuss when it is appropriate to appoint a beneficiary as a personal representative based on our readings and the holding in the Berg case.