Should the lawyer who drafts a Will make himself executor of it?

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Should the lawyer who drafts a Will make himself executor of it?

My 79 year-old dad made out his Will recently with a local lawyer. At the lawyer’s suggestion, my dad named this lawyer executor of the Will. This concerns me as dad does not know this man. Should we have this changed to someone else?

Asked on January 30, 2012 under Estate Planning, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Did he waive the fee to be the executor or is he still going to charge the estate? No, an attorney should be very careful to be the drafter and the fiduciary of an estate. I think that it would be a good idea to have someone else take a look at the document and let you know if having you or a relative act as the fiduciary is a good idea.  If it makes your skin crawl then you are probably right here. Good luck.


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