lawyer drafts will for which he's named executor

Every executor should hire a lawyer to represent the estate. Note that it is usually a serious state bar ethical issue when a lawyer drafts a will naming himself or his firm in that position. However, it is very common that an executor might choose to retain a lawyer that drafted the will...

Full Answer

Can a drafting attorney be an executor?

The Court said the “risk of self-dealing . . . creates the need for restrictions that offer assurance that the naming of the lawyer as executor or trustee is the informed decision of the testator or settlor.” A lawyer asked to serve as drafter and executor should give their client enough information to make an informed decision.

Can attorneys draft wills that name their own beneficiaries?

Jul 01, 2013 · The lawyer who drafts the will may or may not end up representing the estate in probate. The lawyer would not represent the beneficiaries, only the executor. The executor handles the administration of the will, which is technical and …

Who is typically named an executor of a will?

Jan 13, 2011 ·

Should I name my attorney as the executor of my estate?

Can you name an executor of a will?

In an ideal world, family members of the deceased person would work together to take care of everything, but unfortunately, that doesn't always pan out. That's why there are legal protections in place, such as naming an executor of a will. If someone named you the executor, you'll need to learn more about what your role will be ...

What is the job of executor of a will?

Simply put, an executor of a will is someone who manages the deceased person's estate, according to Sam Safi of Safi Law Group. When a person dies, most of their assets and liabilities get transferred to their estate, and then the executor's job is to "settle all outstanding issues of the estate (including paying off creditors) ...

What happens to the estate when a person dies?

When a person dies, most of their assets and liabilities get transferred to their estate, and then the executor's job is to "settle all outstanding issues of the estate (including paying off creditors) and then finally distributing the remaining balance of the estate to the beneficiaries," said Safi. If the deceased individual had ...

Who is responsible for carrying out a deceased loved one's wishes?

The executor of a will is responsible for carrying out a deceased loved one's wishes. If someone named you the executor, you'll need to learn more about what your role will be, which includes ensuring their assets are distributed to the beneficiaries.

Can an attorney be an executor?

Attorney as executor. Per the American Bar Association, if you feel that none of your family members or friends possess the requisite financial skills to properly act as your executor, you may wish to designate your attorney instead .

What is the importance of choosing an executor?

Remember that choosing your executor wisely is just as important as making your Last Will and Testament in the first place. The person you choose bears grave responsibilities that will impact your family and other heirs after you die. This is educational information and not intended to provide legal advice.