Legal Question in Wills and Trusts in New York

Re: re writing a will

There are plenty of good will drafters in Westchester. The ones I know are in White Plains. I have a second office there.

Any Will for your mother must meet her wishes and all responsible lawyers will insist on speeking with her alone to determine what her wishes are.

I can't understand why any lawyer would get in trouble if someone else prepared a new Will.

There is no time limit; but an estate should be wound up expeditiously.

Re: re writing a will

First, your neice cannot get into trouble if your mother uses another attorney to draft a new will. Second, you mother can name any person she wants as administrator of her estate. As a general rule, it is bad practice for an attorney to draft a will wherein they stand to potentially inherit or benefit financially. While it is not impermissible, per se, this appearance of a conflict of interest extends to members of the attorneys firm as well, particularly where there is an unnatural distribution contemplated.

All parties would be best served if your mother chose the attorney without input from any member of the family.

Re: re writing a will

Your mother can choose any attorney she wishes to draft a new Will.

A later Will automatically revokes any former Wills.

Furhermore, she may choose anyone she wishes to serve as Exuctor of her estate, including you.

Since there are commissions involved,m charged to the estate, this shouls be a consideration.

My office is in Hastings on Hudson and I do make house calls to execute a Will.

I have been practicing since 1964, but my fees are moderate.

This advice is based upon the limited facts presented in an internet question and does not establish an attorney-client relationship.

Re: re writing a will

From what I understand, your Mother signed a will (that she didn't read)at her grandaughter's law firm and you have been told that if she doesn't use this firm, her grandaughter will get in trouble?

If that is so, you do not want your Mother to be with that firm.

As far as an administrator, since your Mother has a will, there will be an Executor (not administrator) and there is no statutory time limit.

As far as what to tell your Mother about not using that law firm, be honest. Tell her you have been advised that first, it may be a conflict and second, no ethical law firm would cause trouble for an attorney when a client (your Mother) chooses another firm especially under this situation.