Q: Can an executor with beneficiary permission handle an estate-related insurance claim pro se in NY?
As the executor of an estate, I have the verbal permission of all beneficiaries to represent the estate pro se in a case concerning an insurance claim related to the estate. The case has already been filed, and there are no disagreements among the beneficiaries regarding my handling of this case pro se. Can I proceed with representing the estate in this manner?
A: I handle insurance matters, but not probate and estate matters. However, you posted a week ago and your question straddles both categories. It could be worth considering a consult with your attorney handling the estate to review your arrangements. Depending on the amount and importance of the insurance claim, putting things in writing in terms of the consent you've been granted from the other beneficiaries could avoid misunderstandings down the road. Additionally, your attorney could give the matter a once-over to make certain your capacity in this role would not create any conflicts. Good luck
A:
I am not a New York attorney, so it would be in your best interests to consult a New York probate attorney. In most US states, however, an executor cannot appear pro se representing the Estate because of the fiduciary relationship between an executor and the estate's beneficiaries. Usually, an executor or trustee has a legal obligation to hire a licensed attorney in such a situation.
https://www.nycprobate.com/probate-blog/estate-fiduciary-pro-se/
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