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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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Is it legal executor of the estate to assist the person

Customer Question

Is it legal for an executor of the estate to assist the person creating the will with division of property (i.e. jewelry, paintings, furnishings) when the executor is going to be one of the recipients of those items?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

It is legal for an executor to assist in the creation of the will or trust (testamentary document), but do be aware that this assistance can bring the document into question in the future as the executor/beneficiary is both assisting the individual create the division, then benefiting from it.

So, if there is a dispute over the division or the executor's duties, the executor will need to be able to demonstrate that the distribution was the testator's intent and that there was no undue influence. (This can be so significant an issue in some cases, that the executor's share of the distribution as a beneficiary is not only called into question, but there is also claims of "financial abuse of an elder" being claimed by disaffected beneficiaries).

So, while it is legally acceptable, it is not without risk.

Customer: replied 1 year ago.
Thank you so much for your response. It was the information we needed and you responded to us quickly. Thank you !
Expert:  CalAttorney2 replied 1 year ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill

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