Q: Only child/Executor of parents' estate. Aunt offers to pay for an executor atty for my mom. How do I get her to cease
I am an adult only child and through recent estate planning have been named Executor to my parents' estate. My parents are elderly and vulnerable. My father has Alzheimer's disease. My 80-year old aunt has invited herself to visit to take care of my mother during her recovery from surgery in a couple weeks. She has slyly brought up to my mother that she thinks I ought not be Executor and that she would pay for an attorney to be executor for my parents. (I recognize there is the very real possibility that I would need to hire an attorney to assist me in the Executor role). I'm sure Aunt could pay for it and if she were to pass on she might have the backing of my cousins. But why? Aunt refuses to discuss it with me when confronted. Accompanying her on this trip is a relative who probated a distant cousins' Will.
How do I get her to cease and desist? I've even entertained the thought of restraining order, but that strikes me as crazy.
A: If you are the sole beneficiary in the Will, you might be able to handle it, but a legal consult can’t hurt. Sometimes, having a lawyer as PR is a wise choice, and lawyers can’t charge twice for their roles as PR and counsel. But, if you are worried about undue influence from your Aunt, it might be wise to consult a lawyer now.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.