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

Carl Gay carl at greenawaylawfirm.com
Wed May 23 17:25:56 PDT 2018


XYZ attorney may have violated an RPC.
I do not believe a PR is bound to engage a lawyer not of her own choosing.

CARL LLOYD GAY  

what counts in life is what we do for others
               
GREENAWAY, GAY, MEDINA & MYERS
Attorneys and Counselors at Law                     
734 East First Street       Suite A
Port Angeles, Washington   98362
Email                      carl at greenawaylawfirm.com <mailto:clgay at tfon.com> 
Telephone               (360) 452-3323                                                                                                                                                   
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-----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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