Legal Question in Family Law in Washington

will

In the state of Washington can a person be executor of a will who is a receiving party of the will.


Asked on 6/15/08, 7:46 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: will

By "receiving party of the will," I think you mean, and heir or beneficiary of the will, meaning, someone who gets something from the will. Assuming that is so, the technical answer to your question is "yes."

On the other hand, I advise my clients against doing this, if possible, because it can lead to problems, especially if there are already tensions between any other beneficiaries of the will and the proposed executor.

Nothing can drain the assets of a will quicker than a will contest in which the executor is accused of misconduct of any sort.

To avoid this very problem coming up, I advise anyone considering a will to seek professional advice, and then if there is a sizable estate, to consider hiring a professional executor who would be difficult to accuse of misconduct in terms of treating some beneficiaries worse than others, since a professional would be as neutral an executor as possible.

I realize that my response may answer your question while simultaneously bringing up about 100 more, which is why I highly recommend that you seek out counsel to help anyone write a will.

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Answered on 6/16/08, 2:43 am


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