QUESTION

Is it a concern or even possible conflict of interest for a licenced Investment Advisor Representative to advance themselves to also be the Executor

Asked on Sep 17th, 2018 on Estate Planning - Georgia
More details to this question:
My wife's parents are have someone urgent estate planning performed on a fairly large estate ( well into 7 digits ) . They are of course promoting their own investment products etc. but are apparently leading the Estate planning effort in general and now one of them has moved to make themselves sole Executor of the Will. I sense this is NOT common or appropriate. I seeking information / precedence that I can reference to my wife on this.
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2 ANSWERS

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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It is not on its face a conflict if certain disclosures are made. Remember,  your parents have a choice. However, I would not do business with someone who does this unless there is a full disclosure of the conflict in writing and signed by your parents. It should lay out completely the fees the executor will earn.
Answered on Sep 18th, 2018 at 5:46 AM

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Wills Attorney serving Alpharetta, GA
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Your intuition is correct: it is neither normal nor common for an investment advisor to seek to become the Executor or a trustee under a client's estate plan, unless that client is also a family member of the investment advisor. Your wife's parents are best advised to seek a different investment advisor. They may also want to seek a different attorney, if their estate planning attorney isn't telling them that this is a red flag. In my experience, most investment advisors are not even ALLOWED by their broker-dealers to serve in fiduciary roles for clients. Even attorneys, who are allowed to do so under the state Bar's ethics rules, can only do so under very limited circumstances, and cannot suggest to the client that the client choose the attorney (the client has to come up with that request on his or her own, and then the attorney must fully explain potential conflicts of interest that the attorney's service will create, along with the other options for someone who could serve in that role instead of the attorney. Best wishes to you, your wife, and her parents. I hope they will move away from that advisor.  
Answered on Sep 18th, 2018 at 5:10 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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