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Can an Executor of a Will also be named in the actual will?

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Dee72

Junior Member
What is the name of your state? Florida

My Aunt lives and works for an elderly lady providing 24/7 care. She has been for over 7 years. My aunt also cared for the lady's sister until she passed away a couple of years ago. Other than the two sisters, there isn't a "next of kin", as these two ladies were never married, nor have they ever had any children.

My Aunt was named as Executor of the elderly lady's will and is also named in that will. With the ongoing issues with the estate of Anna Nicole Smith, my Aunt feels that in the event that her employer should pass, because she stands to inherit a comfortable sum of money, it may be disputed because she is also name as Executor of that same will.

Thank you for any feedback... it is greatly appreciated!
 


BlondiePB

Senior Member
What is the name of your state? Florida

My Aunt lives and works for an elderly lady providing 24/7 care. She has been for over 7 years. My aunt also cared for the lady's sister until she passed away a couple of years ago. Other than the two sisters, there isn't a "next of kin", as these two ladies were never married, nor have they ever had any children.

My Aunt was named as Executor of the elderly lady's will and is also named in that will. With the ongoing issues with the estate of Anna Nicole Smith, my Aunt feels that in the event that her employer should pass, because she stands to inherit a comfortable sum of money, it may be disputed because she is also name as Executor of that same will.

Thank you for any feedback... it is greatly appreciated!
Does this lady have any dementia?
 

BlondiePB

Senior Member
No she does not.
Thank you. The answer to your question is yes.

Furthermore, this does not mean that the will can be contested by any of this lady's other relatives regarding the validity of the will AND your mother being investigated due to her role as caretaker. Relatives come out of the woodwork when there's a death.
 

Dee72

Junior Member
Thanks for your response, so just to be clear...

Does my Aunt have something to worry about? Is there a conflict of interest? My Aunt was named in this lady's will because she has known her and her sister for as long as I was a little girl... I am now 34 years old. However my Aunt started to work for them once they became to old to care for themselves over 7 years ago. Like I said, the elderly lady's sister has passed away, so there is no other family to speak of... my Aunt is basically the only "family" this woman has.

The other thing I want to mention is that the will was in fact done through a lawyer, and the two sisters were completely aware... not suffering from senile dementia or the like. My Aunt takes seriously her fiduciary responsibilities to the sisters (although as I mentioned before one has passed away) but fears that in light of what we've seen in the news... she may find herself in a situation where the courts may find that she cannot be both an heiress and Executor.

Interestingly, if she were a blood relative, it would seem that there would be no question as to conflict, but unfortunately, she is not and so the question remains.

My apologies for the length of this post but once again appreciate the feedback.

Thanks very much.
 

Dandy Don

Senior Member
Your aunt should suggest that the lady consult a physician to find out where to have her mental competency tested so that there is an official record of her mental state so that any relative who might challenge the will would not have grounds to do it based on undue influence, and also suggest that the lady put 1 or 2 specific reasons in the will why your aunt was the beneficiary, for example, because of the excellent quality of care she gave, etc.
 

BlondiePB

Senior Member
Thanks for your response, so just to be clear...

Does my Aunt have something to worry about? Is there a conflict of interest? My Aunt was named in this lady's will because she has known her and her sister for as long as I was a little girl... I am now 34 years old. However my Aunt started to work for them once they became to old to care for themselves over 7 years ago. Like I said, the elderly lady's sister has passed away, so there is no other family to speak of... my Aunt is basically the only "family" this woman has.

The other thing I want to mention is that the will was in fact done through a lawyer, and the two sisters were completely aware... not suffering from senile dementia or the like. My Aunt takes seriously her fiduciary responsibilities to the sisters (although as I mentioned before one has passed away) but fears that in light of what we've seen in the news... she may find herself in a situation where the courts may find that she cannot be both an heiress and Executor.

Interestingly, if she were a blood relative, it would seem that there would be no question as to conflict, but unfortunately, she is not and so the question remains.

My apologies for the length of this post but once again appreciate the feedback.

Thanks very much.
The Personal Representative can be a beneficiary in a decedent's will. Don't worry about what's happening with Anna Nicole Smith. Not one report stated she had any property in FL; therefore, there's no reason for probating any of her estate in FL. The battle in FL is over who receives her body for burial.

As for DD's response, well that's something that can be done. The thing with deaths are how unknown relatives coming crawling out of the woodwork and contest wills. I'm not saying your mother doesn't deserve to be the beneficiary. The lady has the right to leave her estate to whom ever she wants.

There are laws governing caretakers that would be grounds for some relative appearing from the unknown that would be a basis for contesting. Stop borrowing trouble here. ;)
 

tranquility

Senior Member
Actually, there is substantial discussion on the ABA Estate attorney's list right now regarding Anna Nicole Smith. Where to probate the will will be of substantial interest and substantial litigation between CA, FL or the Bahamas. The reason it is going to be such a big deal is because of the differing treatment of a pre-deceased heir between different states/country.
 

BlondiePB

Senior Member
Actually, there is substantial discussion on the ABA Estate attorney's list right now regarding Anna Nicole Smith. Where to probate the will will be of substantial interest and substantial litigation between CA, FL or the Bahamas. The reason it is going to be such a big deal is because of the differing treatment of a pre-deceased heir between different states/country.
Well, how can I get privy to that kind of info? ;) Just kidding.

How the heck can probate happen here in FL when none of her assets are here except her dead carcass? What a mess she was in life and now in death.

I can't even imagine being that innocent baby and then becoming old enough to understand all this stuff :eek: , including all the men stepping up claiming to be the father. :rolleyes:
 

BelizeBreeze

Senior Member
Just to clarify, at this point, Anna Nicole Smith died INTESTATE. The so-called will that Stern and his attorney are attempting to have admitted to the florida court is regarding her wishes for burial and the child.

And it is nothing more than disjointed notes from different times and origins pasted onto a master sheet by person or person(s) unknown and unsigned.

Also, there is no proof as of yet that all of the disjointed pieces were produced by smith by her own hand.
 

moburkes

Senior Member
Just to clarify, at this point, Anna Nicole Smith died INTESTATE. The so-called will that Stern and his attorney are attempting to have admitted to the florida court is regarding her wishes for burial and the child.

And it is nothing more than disjointed notes from different times and origins pasted onto a master sheet by person or person(s) unknown and unsigned.

Also, there is no proof as of yet that all of the disjointed pieces were produced by smith by her own hand.
I didn't even realize that there were additional problems like this. First Anna's issues, now Britney's issue. Oh, the celebrity life!
 

BlondiePB

Senior Member
Just to clarify, at this point, Anna Nicole Smith died INTESTATE. The so-called will that Stern and his attorney are attempting to have admitted to the florida court is regarding her wishes for burial and the child.

And it is nothing more than disjointed notes from different times and origins pasted onto a master sheet by person or person(s) unknown and unsigned.

Also, there is no proof as of yet that all of the disjointed pieces were produced by smith by her own hand.
Thanks, BB. Unless Stern & his attorney produce the original or a certified copy of her entire will by officials in the Bahamas (that may even have to have U.S Consul verification), FL court won't/shouldn't accept bits and pieces.

As for her assets in other states, Intestate would be, IMO, the best solution - especially for the baby. Guess they could divide Anna in two and give half to her mother and half to Stern. :p
 

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