Arizona  |  Wills and Trusts

Legal Question

Asked on: 2/05/13, 2:24 pm

Attorney now licensed in Arizona is preparing Wills and/or Trust documents for individuals appointing himself as primary Personal Representative, and then when client dies, is the estate attorney who prepares pleadings and appoints himself Personal Rep pursuant to the will he drafted...proceeds with probate, pays himself attorney's fee throughout the 6 months to a year, and then receives personal property of decedent in lieu of additional unpaid fees and costs. I this typical and, is it legal?

1 Answer


Answered on: 2/05/13, 3:26 pm by Donald Scher

I believe that this would constitute a breach of fiduciary duty and is improper behavior. You should contact the State Bar of Arizona and the judge in the probate court and bring this to their attention and for their disciplinary action.


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Donald T. Scher & Associates, P.C. 2200 E. Camelback Rd., #102 Phoenix, AZ 85255

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