Legal Question in Legal Ethics in Pennsylvania

Is it ethical for an attorney to insert a paragraph into a Last Will and Testament that requires that same attorney to be hired to handle the probate of the estate after the person's death?


Asked on 2/11/11, 3:56 am

1 Answer from Attorneys
Andrew Solomon Law Office of Andrew A. Solomon

It is generally considered not a good practice, but it is not unethical. It might be unethical if the decedent left a bequest to the attorney who drafted the will. As long as the decedent was of sound mind, and the signing of the will was properly witnessed, the decedent's wishes will be honored. If the lawyer has a conflict of interest, or does any act that you feel is questionable, you do have the right to Petition the Court to remove the lawyer, but you would have to have good reasons and documentation.

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Answered on 2/11/11, 2:49 pm


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