Legal Question in Wills and Trusts in New York

wills & probate

widow mother dies, lawyer who drafts will is named executor, son who is sole benificiary,no other children, is not happy with lawyer can he request new executor,can he get his own lawyer to probate estate, also since the lawyer is named executor and will get a fee, if he is probating will how are charges applied, is there some conflict of interest, state of new york.--name removed-- [email protected]


Asked on 4/26/03, 12:22 pm

3 Answers from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: wills & probate

In New York, it is improper for an attorney who drafts a will to also serve as Executor of that Will. In most cases the Surrogate will deny commissions and fees to the attorney. The only exception would be a very old Will prepared many years ago.

Read more
Answered on 4/28/03, 7:18 am
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: wills & probate

You have the right to retain independent counsel of your own choosing, to represent your interests. That counsel will be able to monitor the situation for you and advise you accordingly.

I practice in NYC and Long Island.

Read more
Answered on 4/27/03, 8:03 am
David Slater David P. Slater, Esq.

Re: wills & probate

1. If executor has breached his fiduciary responsiblities he can be removed by the court.

2. Mere fact you are unhappy is no reason.

3. You can retain an attorney to protect your interests

Read more
Answered on 4/26/03, 4:42 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York