appointing an Executor

I went with my father inlaw to his attorney to change his will. Everything should be very clear as he is leaving all of his personal belongings and property to me. His attorney is going to be the Executor. Is this common? If I understood correctly, he said that the beneficiary cannot be the same as the executor, asked me if I had somebody that I could trust to act as executor(I wasn't prepared at that moment to name anyone), so I said no, and he said that he could act as it. I have heard such horror stories regarding some lawyers that I am afraid. Does this give him rights above me? We are talking about property that is worth over 400,00 including dwelling and approx 250,000 cash, if that matters any. We are due to sign the will on Wednesday.

Any attorney who seeks to get himself appointed executor worries me, as except in rare circumstances it is not needed or appropriate. Is he/she looking to double dip (lawyer fees after death and executor's commissions) and cut himself or herself in on the estate? I fear so.

While I do not know your state's laws, in the states I practiced I do not know why a sole heir who is a family member (even in child lives out of state situations) can not be named as executor and be appointed by the court, with one exception; in some states it is possible felons will not be named. If there is a reason, ask for an explanation, in writing, before the will is prepared and post it here -- I'd love to see it. If there is a good reason, or that is a concern, suggest that you be appointed executor and the lawyer be named as a substitute executor, just in case you can not win confirmation.

One other thought. Instead of a Will, that has to go through probate, with its delays and costs, why not consider a living trust, that would hold the bulk of your father's property? It costs a bit more to set up, but far less at death. You father would be the trustee during his lifetime and on death or disability you would take over, automatically. A Will would also be used for anything that was not part of the trust.

O



[Edited by ALawyer on 02-03-2001 at 01:30 PM]

Thank you for your prompt reply. Yes, I am very hesitant because he also didn't seem to happy when I said that I would like 2 copies of the Will, one for dad and the other for me...he went into this, about how they keep their copy locked in a vault and that it's not usually a good idea to keep a will laying around etc...I said that I would also, have my copy locked in a safety deposit box. Also, he made it very clear that on Wed, I need not attend when dad signs the will but I can if I choose so. Sounds strange to me. Dad is getting up there in age and has had this lawyer for yrs and trusts him completely but I can't say that I have the same feeling. Also, his lawyer is 75 yrs old and in business with his son. He actually said that we should put his son as executor as he is obviousely alot younger. I know that as long as I am there in the office with dad, I can make sure that he understands what is being said(he can't hear that well and tends to say, "yes" or nod his head when he can't hear. So, I will definately be there on Wednesday. Right now, I need to find out if in Connecticut, I can be Executor and sole heir. I will look into this on Monday. I will keep you posted. Again, thank you so much for your help in this matter.

Attorney changed his tune

Just a quick report. My father inlaws lawyer called me first thing this morning(I left a message over wkd)...he said, "ofcourse you can be both heir and executor"...said that I must of understood as what he said was, that my daughter (16)needed somebody as a trustee and that couldn't be me....anyways, then he said that he will have it changed to me being executor....after we hung up, didn't even dawn on me, but husband said, then why does he have to change it, if you are the one who misunderstood??? Who knows, I can't think that quick...we go on Wed. to sign will....
Now, what is the scoop on having a copy of the will...he made it sound as if we didn't need to have one and wasn't too happy when I said that I wanted a copy....isn't that a normal request?
Thanks again for your help..
Jude