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re: Southern law professor raises eyebrows by naming herself attorney in at least 11 wills
Posted on 9/4/17 at 9:40 pm to TheOcean
Posted on 9/4/17 at 9:40 pm to TheOcean
She doesn't name herself as executor of the estate. She names herself as attorney for the executor. Key distinction, as she could not write and authenticate the will if she herself was the executor.
Lawyers know it's not binding, but most non-lawyers probably would not and would think they have to seek out this specific attorney to execute the will, so that can be misleading and I think presents the quasi-ethical implications the professor in the article was talking about.
Lawyers know it's not binding, but most non-lawyers probably would not and would think they have to seek out this specific attorney to execute the will, so that can be misleading and I think presents the quasi-ethical implications the professor in the article was talking about.
4
Posted on 9/4/17 at 9:45 pm to boosiebadazz
Guilty, I didn't read most of the article. Is it common for lawyers in LA to name attorneys for the executors? I had no idea that was even a thing other than executor/PR hiring an attorney after the decedent dies
Posted on 9/4/17 at 9:48 pm to TheOcean
I've re-written a few wills and I'll ask for the old will in that process, and I've seen an attorney named probably 75% of the time.
It's not something I even address with the client when I sit down with them regarding what they want me to draw up.
I think of it as country lawyers trying to drum up business but also giving whomever a reference point to contact down the road. Most folks are pretty clueless when grandma dies and they have to actually start the process of probating the will, transferring the house, etc..
I don't view it as inherently unethical.
It's not something I even address with the client when I sit down with them regarding what they want me to draw up.
I think of it as country lawyers trying to drum up business but also giving whomever a reference point to contact down the road. Most folks are pretty clueless when grandma dies and they have to actually start the process of probating the will, transferring the house, etc..
I don't view it as inherently unethical.
This post was edited on 9/4/17 at 9:50 pm
Posted on 9/4/17 at 9:50 pm to TheOcean
quote:
I practice in this area. What she did is definitely scummy. But isn't uncommon nor unethical for attorneys to serve as executor
I used to see it often 25 or 30 years ago. It was more common back in the day when there was a "family attorney". I don't see it much these days.
Posted on 9/4/17 at 9:51 pm to boosiebadazz
Interesting. Here we just draft the wills and keep the originals to get the probate work. I'll serve as PR as a last resort if a client has no one else to pick
This post was edited on 9/4/17 at 9:52 pm
Posted on 9/4/17 at 9:51 pm to Kim Jong Ir
It's in my grandparents' will 
Posted on 9/4/17 at 9:51 pm to boosiebadazz
quote:
Lawyers know it's not binding, but most non-lawyers probably would not and would think they have to seek out this specific attorney to execute the will, so that can be misleading and I think presents the quasi-ethical implications the professor in the article was talking about.
I'd be willing to bet the clientele she deals with have no idea it is non binding and also I'd venture to say she doesn't inform them of that either. She is preying on elderly black people as a lot of educated black people tend to do which is unfortunate.
But a question about executor fees. What is the percentage an executor can take as a fee?
Posted on 9/4/17 at 9:52 pm to TheOcean
I keep an original and give an original. I keep it for sakekeepong/ fire/ lost, etc.
I don't actually probate them- just write them
I don't actually probate them- just write them
Posted on 9/4/17 at 9:53 pm to boosiebadazz
Probate is easy work here, man. And lucrative
Posted on 9/4/17 at 9:54 pm to Martini
Now I understand the ethical questioning. Thanks for your input guys. Ya learn something new everyday.
Posted on 9/4/17 at 9:56 pm to boosiebadazz
quote:
but this is not one of them
She's a corrupt piece of trash...of course you'd defend it
Posted on 9/4/17 at 9:57 pm to SPEEDY
quote:
In 11 at least wills
Wtf is an "at least will"?
Posted on 9/4/17 at 9:58 pm to boosiebadazz
quote:
I don't view it as inherently unethical.
I agree. You have to look at the big picture to determine the ethics.
Posted on 9/4/17 at 10:00 pm to SPEEDY
Future governor of Louisiana right there ladies and gentlemen.
Posted on 9/4/17 at 10:01 pm to CptBengal
I wish the world were more black and white for you, Cpt, but sadly I don't make the rules. Posted on 9/4/17 at 10:02 pm to Martini
I don't get involved in probating the wills so I can't give you an answer on the fee for an executor.
This post was edited on 9/4/17 at 10:03 pm
Posted on 9/4/17 at 10:20 pm to SUB
quote:
Wtf is an "at least will"?
Typo
Posted on 9/4/17 at 10:28 pm to TheOcean
quote:
But isn't uncommon nor unethical for attorneys to serve as executor/pr. Especially when you have elderly clients with no relatives/close friends
Only problem is she's performing these services as part of a free program for seniors and then taking fees from the estate to execute the will.
Posted on 9/4/17 at 10:45 pm to Golfer
Writing a will and doing the paperwork to probate the will and actually shepherd the succession through to JOPs are two totally different things.
Totally legit to charge a fee for probating the testament as it is demonstrably more paperwork and triple if not quadruple the time commitment.
You're going to need to really fund legal aid if you want successions opened and seen through to fruition with no expense to the heirs/ legatees.
Totally legit to charge a fee for probating the testament as it is demonstrably more paperwork and triple if not quadruple the time commitment.
You're going to need to really fund legal aid if you want successions opened and seen through to fruition with no expense to the heirs/ legatees.
This post was edited on 9/4/17 at 10:47 pm
Posted on 9/4/17 at 10:56 pm to boosiebadazz
quote:
Totally legit to charge a fee for probating the testament as it is demonstrably more paperwork and triple if not quadruple the time commitment.
The entire purpose of the elder law clinic is that these are pro-bono services. That's the issue. She's being compensated by Southern to perform these tasks.
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