Legal Question in Wills and Trusts in New York

Re: Lawyer as Executor

That said, it is clearly a conflict if the same individual also prepared the Will. If this is so, you are advised to contact an attorney or the Surrogate's Court.

Re: Lawyer as Executor

The selection by your friend of his or her attorney to act as executor for his will does not create a conflict of interest, and is, in fact, quite common. Counsel are often in the best position to receive stark, and sometimes blunt, opinions and wishes from a client and will, so long as they are not illegal, carry them out. Often clients requesttheir attorney to act as executor when they intend to disinherit someone who otherwise ould be an heir; sometimes they select their attorney when they believe that other friends or family members will not be as knowledgeable or capable of handling their estate.

Whatever your friend's reasons for selecting their attorney as executor, absent some malice or undue influenece, there is not a conflict of interest. In fact, the estate will likely save money during probate as there will be no need to pay two people to do the job of one.

Re: Lawyer as Executor

I concur with Raymond and have occasionally been placed in this dual position by my clients, usually due to my having represented them in numerous situations and being the person with the most complete knowledge of what their estate is about, how it was set up and what is to be accomplished, what may be their unique desires and, in possession of all necessary materials and information, best able to carry out their intentions in the most expeditious manner. This usually happens when I complete the estate plan, have represented the family in their business/professional matters, am familiar with the family and any unique situations, etc. Even in a dual position, my familiarity with all aspects saves time and expense that one or more persons with less familiarity or information may require to handle the estate. Part of the savings may be due to my ability to expedite matters and therefore, cut the time that otherwise may be necessary to expend by someone unfamiliar with the details I possess. I always call attention to the fact that serving in a dual position does entitle me to theoretically receive dual payments. Sometimes a fee is negotiated in advance, which also results in overall savings. What might be conflict is not explaining the dual nature of services and potential for dual fees, or failing to advise the client that others may be available who might perform some of the services for lower fees or compensation, or, perhaps, no compensation (e.g., a family member who may also be entitled to part of the estate). So, while the situation is not unusual, there might be situations that should be examined, such as if this was the first time the attorney was being used and the attorney suggested this without explaining alternatives or offering other options. There is not sufficient information given to provide other than a genral explanation.