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My last will is over 40 years old and I am about to get a…

My last will is...

My last will is over 40 years old and I am about to get a new one made. I have no children and do not want to leave anything to any of my relatives, dead or living. I had so informed my nephews of this quite some time ago, stating that all of my assets, which will amount to about 4 million, will be donated to animal societies. I want to insure that this will is enforced and will go with the probate court. I want to appoint an executor and a lawyer to insure full compliance with the will. My question is: I do not want my executor to select her friend lawyer to file my will or to defend any one contesting the will. I want the attorney who prepares the will to do that. Is that possible

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

San francisco ca

Lawyer's Assistant: Has anything been filed or reported?

No

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Answered in 5 minutes by:
3/5/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,266
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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You may want to select a lawyer to be executor too.They can serve both as executor and estate lawyer.This is the way to ensure you get who you want for both.Lawyers are held to ethical standards professionally to carry out your wishes.I would not hesitate to change to having one lawyer to serve as both executor and lawyer for the estate

All you have to do here is name the lawyer as executor(called a personal representative these days).It gives you the best chance that your wishes are carried out tot he letter here.I think this option makes the most sense.

Lawyer referral

Contact the State Bar for Help

Think about changing the personal representative to a lawyer. He can prepare the will and act here as personal representative and lawyer for the estate,He is also in a great position to testify you had proper capacity and wanted to it this way.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 4 months ago
Hello Ray
My question: Can I designate in my will the same attorney who prepared the will to file it also. The attorney who prepared my will states that it is unethical to do so and that the executor is the one that will select the lawyer to file my will. How can I insure that the lawyer who prepared my will be the one to file it and be the lawyer for any further legal maters

You can designate a lawyer here with their permission to act as executor, I gave you lawyer referral so you could do that.

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Customer reply replied 4 months ago
Hello Ray: We are not on the same wave frequency. I do not want two lawyers. Can one lawyer do both jobs, or can I get a person whom I trust to be the executor and insure that the lawyer who prepared my will is to be the one to handle all legal matters, including filing the probate papers with the court and that the executor will not be able to replace him with another lawyer to do this job

You can do so.Tell the executor who you want as estate lawyer, one lawyer here can do both jobs as per your will.You name them as executor and they can also act as estate lawyer.

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,266
Experience: 30 years in civil, probate, real estate, elder law
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