As Executor, Whose Attorney do You Chose?

    Being named somebody's executor is a large responsibility. As the executor of a person's estate, you will have the responsibility of ensuring that their will is distributed pursuant to their last wishes. Along with distributing the decedent's estate, may come other issues that you haven't considered. For example, what if one of the Decedent's requests on their will conflicts with a course of action you'd like to take as executor.

    As long as you are acting in your fiduciary capacity, and have the Decedent's best interests in mind, you may not have to follow all the advisory provisions of the Decedent's will. For example, the Decedent may specify in their will that they would like you as executor to employ an attorney of their choosing. However, the Decedent cannot mandate which attorney you chose as executor. The executor of an estate may chose their own attorney (Highland v. Bozio 188 Cal. 727).

   If you are currently nominated as an executor and have questions about your role, you should consult with a Los Angeles probate attorney.