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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 45711
Experience:  29 years of experience practicing law, including tax and estate planning.
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If a lawyer is representing a family in administering a will

Customer Question

If a lawyer is representing a family in administering a will and the circumstances are that the will states the father is giving his monetary possessions to his daughter is it proper procedure that the lawyer present the proposal to a board of directors for approval is this part of the process of releasing part of the funds? Your cooperation will be greatly appreciated. Ron xxxxxx

Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Just to be clear, the will states the monetary assets are to be distributed to his daughter...correct? And, is the lawyer the administrator of the will or has the lawyer simply been hired to provide legal advice to the administrator? Does the will designated any such board of advisors? Does the will specify any restrictions on the right of the daughter to inherit the monetary assets? Thank you!
Customer: replied 1 year ago.

Hello my name isXXXXX received your response however, I am not quite clear of your response. My question is for the family lawyer to submit the documents to a board of directors is this part of the legal process to release part of the funds? Does the lawyer need approval from the board of directors to release part of the money owed to her.

 

Your quick response is greatly appreciated

 

Ron xxxxxx

Expert:  Richard replied 1 year ago.
Thanks for your reply. Typically that would not be part of the legal process. Unless the will specifically provides for such a board of directors, there would be none. Rather, the administrator of the will, as named in the will, is legally required to distribute the assets to the beneficiary strictly in accordance with the terms of the will. The administrator of the will (and any lawyer representing the estate) does not get to establish additional restrictions to the distribution of assets that are not set forth in the will.



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Customer: replied 1 year ago.

Hello again. This is Ron in your response I just received you stated that unless it is specifically stated in the will there is no need to submit documents to a board of directors. Does this situation seem unusual to you that the family lawyer is doing this process. Correct me that when a family lawyer is administering the legal process of a will he must follow every step of that including if it states to present to a board of directors then he has to follow that. Please provide me with a simple answer to this question otherwise I am thinking there is something wrong with this process I hope not.

 

Your cooperation will be greatly appreciated.

 

Ron xxxxxxx

Expert:  Richard replied 1 year ago.
Hi there. If the will specifically provides that a board of directors must approve the distribution, then it would be property for the lawyer administering to do that; otherwise it would not!
Richard, Attorney
Category: Estate Law
Satisfied Customers: 45711
Experience: 29 years of experience practicing law, including tax and estate planning.
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Expert:  Richard replied 1 year ago.
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