Executor appoints attorney – not always a good idea

At Probaters we often find that executors are relieved that the whole of the administration has been taken off their hands. Sometimes they just want us to step entirely into their shoes. This can be done by the executor appointing an organization or an individual to act as his or her attorney. Indeed some probate providers actively promote this because it really gives them carte blanche, not only in the way they administer the estate, but their ability to charge sometimes exorbitant fees.

We always advise executors to retain their office, even if we are doing the work for them. This way they can retain control should disaster strike.

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