West Palm Beach, FL asked in Probate for New York

Q: Is the nominated executor allowed to retain a lawyer to 'Manage the Estate' without first being approved as executor?

The nominated executor retained a lawyer to manage the estate of the decedent 5 months prior to being approved as executor. What then is the duty of the executor if there is also a Probate Estate Manager?

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1 Lawyer Answer
Bonnie Lawston
Bonnie Lawston
  • Probate Lawyer
  • Huntington, NY
  • Licensed in New York

A: A nominated executor (named in the Will) or executor (appointed when Will is admitted to probate) should retain an attorney to assist them with the administration of the estate and legal affairs. The executor should be managing the assets such as collection the mail, providing information to the attorney about the asset so the attorney can collect it and if there is real property then the executor should secure the property, make sure it’s taken care of while the attorney lists and sells the property.

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