Ethical Considerations When Representing Multiple Family Members in a Florida Probate
Probate is already messy — emotionally, financially, and legally. Add in a probate attorney who’s representing multiple people with different interests, and you’re sitting on a legal time bomb. Conflicts of interest don’t just create tension; they can completely derail the case, expose the attorney to discipline, and jeopardize the validity of every decision made.
In Miami-Dade, where families are large, blended, and often at odds, conflict-of-interest issues are everywhere. And too many families walk straight into them without understanding the consequences. If you want to protect the estate — and yourself — you need to know how these conflicts arise and how to avoid them.
The Core Problem: One Lawyer Cannot Serve Two Masters
Here’s the hard truth:
A probate attorney cannot represent multiple family members if their interests even potentially conflict — not just actually conflict.
Florida’s Rules of Professional Conduct require attorneys to avoid situations where they:
- Cannot remain loyal to one client
- Might be forced to reveal confidential information from one client to another
- Might favor one beneficiary or heir over another
- Could be influenced by competing goals
When a lawyer tries to “help everyone,” they end up helping no one.
The Most Common Conflict Scenarios in Probate
1. Representing Both the Personal Representative and an Heir
This is the most frequent — and most toxic — conflict.
Why?
Because the personal representative’s job is to:
- Protect the estate
- Reject improper claims
- Enforce deadlines
- Distribute assets fairly
- Preserve neutrality
But an heir wants their share maximized, even if it means pushing boundaries.
Those roles inherently clash.
2. Representing Multiple Heirs Who Don’t Share Interests
Even if heirs “get along,” their legal interests are rarely identical.
Examples:
- One wants to sell the home; another wants to keep it
- One wants fast distribution; another wants to contest creditor claims
- One believes a will is valid; another wants to challenge it
One attorney cannot ethically advise both sides.
3. Representing the Estate While Previously Representing a Beneficiary
Confidential information from past representation cannot be used against the former client.
If the lawyer cannot ethically advocate for the estate without harming the former client, they must withdraw.
4. Representing a Family Member Who May Have Influenced the Will
If a beneficiary helped arrange or was present for execution of the will, the attorney must scrutinize for undue influence.
Representing that same person later in the probate is a conflict minefield.
5. Representing Spouses With Different Rights
Surviving spouses have powerful statutory rights in Florida:
- Elective share
- Homestead rights
- Family allowance
- Exempt property
Those rights can conflict with what adult children want. A single lawyer cannot serve both.
Why Conflicts of Interest Are So Dangerous
When a conflict exists, everything gets compromised:
- Advice becomes biased or diluted
- The attorney can’t give full legal protection to anyone
- Confidential information gets blurred
- Beneficiaries lose trust in the process
- Mistakes go unnoticed
- Distributions become vulnerable to legal challenge
- The court may force the attorney to withdraw mid-case
Worst of all, conflicted representation can invalidate probate actions, leading to lawsuits and reopened estates.
How Ethical Probate Attorneys Prevent Conflicts
1. Conduct a Conflict Check Before Accepting Any Client
A good probate lawyer asks early:
- Who are the heirs?
- Are there disputes?
- Is someone planning to challenge the will?
- Has the firm represented any family members before?
If the situation looks risky, they represent only the personal representative — no one else.
2. Represent Only One Client: The Personal Representative
This is the gold standard.
The lawyer represents the PR, and only the PR, even if the heirs are cooperative.
Heirs can still communicate with the attorney, but they are not clients.
No legal advice is given to them, avoiding conflicts.
3. Use Limited Scope Representation — Very Carefully
In some simple estates, an attorney may represent co-personal representatives if:
- There are no disputes
- The will is clear and valid
- No one has competing claims
- Everyone signs a written consent acknowledging the joint representation
But this is extremely rare in Miami and usually discouraged.
4. Maintain Strict Confidentiality
If representing multiple clients (allowed only in narrow circumstances), the attorney must keep information separate unless explicitly authorized to share.
One slip, and the conflict becomes unmanageable.
5. Withdraw Immediately If a Conflict Develops
If tension arises between family members, the attorney is ethically required to step back.
They may:
- Continue representing the PR, and
- Advise every other client to get separate counsel
If the PR is part of the conflict, the attorney may be forced to withdraw entirely.
Signs Your Probate Attorney Has a Conflict (and You Should Run)
- They give advice to multiple heirs
- They act like they represent “the whole family”
- They discourage beneficiaries from seeking independent counsel
- They side with one heir more than another
- They disclose confidential information between parties
- They minimize or ignore potential disagreements
- They push for quick settlement without explaining risks
If you’re seeing these behaviors, the attorney may be violating ethics rules — and jeopardizing the case.
Real Miami Example
A probate attorney in Miami represented the personal representative and also gave “informal advice” to the PR’s sister, who was a beneficiary.
When tensions rose over the sale of the family home, the beneficiary accused the PR of mismanaging assets. The attorney tried to mediate — but because she had given advice to both siblings, she became part of the conflict.
The court forced her to withdraw completely.
The estate was delayed eight months and cost thousands more in duplicate legal fees.
All of this could have been avoided if the attorney had simply represented one client.
Takeaways
- Probate attorneys must avoid representing clients with competing or potentially conflicting interests.
- The safest, most ethical approach is to represent only the personal representative, not the heirs.
- Conflicts of interest can derail the case, invalidate actions, and lead to attorney withdrawal or discipline.
- Heirs should always have the option to hire their own independent counsel when disputes arise.
- If your attorney seems to be “on everyone’s side,” they’re actually on no one’s side — and putting the estate at risk.
