Estate Planning: Opinion 865

Daily Record Staff//June 13, 2011//

Listen to this article

NYSBA Committee on Professional Ethics

Opinion 865

Background: An estate planner prepared an estate plan for his client and supervised the execution of a will in furtherance of the plan. The will named the deceased client’s nephew as executor of the estate. After the death of the client, the nephew asked the attorney to represent him in connection with the estate’s administration.

Question: In light of Estate of Schneider v. Finmann, may an attorney who prepared an estate plan for a client agree to act as counsel to the executor after the client’s death?

Opinion: The attorney who prepared an estate plan for a client may agree to act as counsel to the executor after the client’s death as long as the lawyer does not perceive a colorable claim for legal malpractice before or during the representation of the executor. If the lawyer does perceive a colorable claim for legal malpractice before or during the representation, then the conflict is non-consentable and the lawyer must withdraw.

Select Region or Brand

Upcoming Event