[WSBAPT] Will directs executor to use a specific attorney: enforceable?

[Lewis, Amy C.]

I had a similar issue a few years ago, where the PR did the probate on his own (after handling several other probates with the help of our office).  The attorney named in the Will objected.  I pointed out that it was a potential conflict of interest for him to have drafted the Will that way.  He backed down, and we did not have to argue it to the court.  I do not think such a provision is enforceable.

The language you quoted sounds more like the attorney is named as alternate PR rather than as attorney.  Is there more to the language?


Amy C. Lewis, Attorney
Eisenhower Carlson, PLLC
1201 Pacific Avenue, Suite 1200 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com


-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Camille Adair
Sent: Wednesday, May 23, 2018 5:12 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Will directs executor to use a specific attorney: enforceable?

Hi all,

We are working with a client whose Mom just passed away. The mom’s will makes my client the executor and “appoints XYZ attorney to serve in her stead.” This attorney is shady and made herself the POA previously (it should have been our client). Our client doesn’t want to use this attorney for probate as she doesn’t trust this attorney. I am going to take our client to another estate planning attorney for an opinion, but any thoughts on whether this provision is really enforceable? Anyone seen anything like this in the past? Thanks!

Best,
Camille Adair-Hatch

Sent from my iPhone

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