Q:I have been seeing a number of wills where the will specifies that a lawyer is to be the named executor. Is it an ethical violation for a lawyer to place in the will that the lawyer is to be the executor?
A: I believe that attorneys preparing wills should not write themselves into the will as the executor. The better practice is to fully advise the testator that there is no obligation to use the attorney and the decision is best left to the executor. The testator should also be told to discuss the choice of the attorney with the various beneficiaries to see if there is any objection.
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