Legal Question in Wills and Trusts in Arizona

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?

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

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

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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Answered on 2/05/13, 3:26 pm

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