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Yes, an attorney can be the executor of your will. But the attorney should not consciously influence the client to name him as executor or trustee. In case the client wishes to name his lawyer as such, care should be taken by the lawyer to avoid the appearance of impropriety.
Choosing who the executor of your will should be is a personal decision. You could choose a family member, a bank, a corporation, or your attorney to be the executor of your will.
Avoiding the Appearance of Impropriety
To avoid any appearance of impropriety, the testator may execute a document of informed consent, acknowledging that he understands the consequences of the appointment of his attorney as the executor, he understands that the attorney as executor is entitled to commission, and that he acknowledges that in case the attorney has to provide legal services over and above the duties of an executor, the attorney is entitled to reasonable compensation.
Reasons for Appointing an Attorney as Executor
There is nothing wrong with designating your attorney as executor of your will. In fact, it should be considered, especially when conflicts among family members will arise if one family member is designated as executor. It is best that you consider all options before deciding on appointing your attorney as executor.
Even if you execute a will designating your attorney as the executor, you can always change your mind by executing another will. Reviewing your estate plan periodically is recommended so you can make changes if circumstances change.
Should you need assistance in preparing your estate plan, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
