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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41063
Experience:  Texas lawyer for 30 years in Estate law
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I notice in my mothers will that it specifies that the lawyer

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I notice in my mother's will that it specifies that the lawyer who drew up the will (and who also witnessed it) is to be the lawyer who handles the estate. (I am co-executor along with my brother.) Is this a common clause to find in wills these days? It seems a bit odd. I don't know if my mother requested it or whether the lawyer just slipped it in.

Thanks for your question and good afternoon.It is common only if your mother requested it.Usually the lawyer asks here because your mother has the right to make that determination or leave it to the executors.It is likely your mother had a good comfort level with the lawyer and wanted him to continue with the estate since he was familiar with her and the assets.Also the lawyer if there was to be a will contest can often attest to her mental capacity and that this was indeed her desires in the will.

But again it is only when a client includes it in the will that she desires a particular lawyer to handle the estate is that included in her will.It appears to have been her choice to include it in the will.You would be carrying out her requests under the terms of her will.It is the clients choice about whether to include such language or not.

I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again for letting me help.I wish you good luck with probate here and moving on.I know it can be hard to deal with all of it sometimes.





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