QUESTION
Can an estate attorney who is the executor of a will be changed after death of client?
Asked on May 28th, 2016 on Legal Malpractice - New York
More details to this question:
If being misrepresented by an attorney, can he be paid for initial services and a new attorney selected to finish estate closing? .there is no contesting the will. Layer is allowing a friend of the deceased to stay in house and clean it out. We were told contents of house were left to us (3 nieces - no other living relatives)
1 ANSWER
1 Award
It is very hard to get rid of a selected executor, as that person, whatever you think of them, was the decedent's choice, and the decedent's choice is given great weight. Only a "breach of fiduciary duty" will cause removal, and it is unclear from your post if that has happened. There is nothing wrong, and in fact it is often the case, that the lawyer who prepared the will is the executor.
Answered on May 28th, 2016 at 7:44 AM