- April 10, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Overview
Hi! I’m located in the state of Georgia. Currently, I am facing a challenging situation as I have a family member who is terminally ill and his last will and testament designates me as the executor of his estate.
## Concerns with Attorney X
The will also includes a provision stating that the services of Attorney X should be utilized for the administration of the estate. However, both my cousins and myself (the three beneficiaries of the estate) harbor reservations towards Attorney X and doubt his ability to effectively handle the legal processes involved.
## Legal Obligations
Our main query pertains to our legal obligations regarding the choice of legal representation. The will states that the services of Attorney X are requested, but does this imply a binding obligation? Moreover, we have discovered that the will is on file with the county probate court, adding to our confusion.
## AI Legalese Decoder Tool
In navigating this complex legal situation, the AI Legalese Decoder can provide valuable assistance. By utilizing this innovative tool, we can input the legal language from the will and receive simplified and actionable insights. This resource can help us interpret the nuances of the will’s language and determine the extent of our obligations towards Attorney X.
## Seeking Clarity
Given the circumstances, we are seeking clarity on whether we are legally bound to engage Attorney X or if we have the freedom to select a different attorney to manage the estate and probate processes. Your guidance and expertise in this matter would be greatly appreciated.
## Thank you in advance for your assistance in addressing this intricate legal dilemma.
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I’m not licensed in your state, but I would consider that to be what’s called “precatory” language in a will. That’s where the decedent indicates their desire that something be done (ie use attorney X, I give gift X to Joe Blow with the hopes that he use it to attend college, etc). It’s not necessarily binding, but indicates a preference that doesn’t necessarily have to be followed. I say this because there’s no guarantee that lawyer X could probate the estate. Between when it was drafted and when he dies the lawyer could have retired, moved, been disbarred, or died himself.
There’s a chance, however, that this might be deemed binding. I’m only suggesting a potential argument. It likely depends a lot on the judge/clerk assigned and your state’s case law. I would HIGHLY recommend consulting with an estate attorney of your choice to evaluate your options; there’s nothing g legally keeping you from doing that.
You also should consider that unless you REALLY don’t want this guy handling the estate it might be worth letting him just do it. I know it’s not ideal, but there isn’t a lot he could really do to negatively impact what you’ll inherit other than just making the estate take longer. It might not be worth what you would spend fighting it in court. With that said, the only person who would object to you using a different attorney would be the decedent and attorney X. Obviously your relative won’t be able to object, I don’t mean to sound crass at all, and attorney X has no way of knowing and probably isn’t willing to assert this claim in court given the time and cost of only securing one client. I can’t imagine the county clerks would care either as long as the estate is done correctly.
Last, if your loved one is still alive you can always assist him in getting his assets in order so that they wouldn’t even pass through the will (ie payable on death accounts, etc). You will need to consult with a lawyer in your jurisdiction to handle that. Best of luck!