Federal Way, WA asked in Estate Planning, Elder Law and Probate for Washington

Q: A will was drawn up by an attorney who allowed a felon to be an executor Is he liable ?

1 Lawyer Answer
Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
Answered
  • Estate Planning Lawyer
  • Mandeville, LA

A: Probably not. An attorney that drafts a legal document for a client needs to put down what the clients wishes are in the document, but does not have a legal obligation to make sure the people listed by the client are appropriate choices.

On another note, many states have a statute that provides that a convicted felon cannot serve as an executor. At least mine does. Under the laws of such states, that executor can be removed from office by the judge. You may want to approach a lawyer to find out if your state has a similar law.

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