Can an attorney executor steal from your estate?

Q: Can you appoint an attorney as executor?

Yes, you can appoint an attorney as the executor of your will. Many people choose attorneys for this role due to their legal expertise and understanding of estate laws. However, ensure that you trust them and are comfortable with their fees, as they may charge for their services in administering the estate.

Full question:

If you choose to appoint your attorney to be the executor of your will, or administrator,with an agreed flat fee set in the will, can he steal your money when that time comes? Also, do you need to have a will made in the state that you reside in?

Category: Wills and Estates
Subcategory: Executors and Administrators
Date: 04/07/2025
State: Florida

Answer:

While there is always a risk of wrongful actions, attorneys are officers of the court and must adhere to ethical and legal standards. If an executor steals from an estate, they can face civil and criminal liability, and an attorney may even be disbarred. It’s important to appoint a trusted person as executor.

State laws may require an executor to post a bond to ensure they fulfill their duties in good faith. This bond acts as insurance against potential fraud or embezzlement. The will maker can request that no bond is required.

It is advisable to have a will drafted according to the laws of your state. Generally, a state will recognize a will from another state as long as it complies with that state's laws. For example, Florida law states that unless waived, every fiduciary must execute and file a bond to ensure proper performance of their duties (Fla. Stat. § 733.402).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who is the best person to appoint as executor of a will?

The best person to appoint as executor of a will is someone you trust to handle your affairs responsibly. This could be a family member, close friend, or a professional, such as an attorney. It's essential that the person is organized, honest, and capable of managing financial matters. Consider their ability to follow your wishes and communicate effectively with beneficiaries.

Who has more power, power of attorney or executor?

A power of attorney (POA) grants authority to make decisions on behalf of someone while they are alive, typically regarding financial or health matters. An executor, however, has authority to manage and distribute an estate after the person has passed away. Each role has distinct powers, but the executor's authority is limited to estate matters post-death, while a POA's authority ends at death.

Can you appoint an attorney as executor?

Can an executor of a will steal all the money?

While it is possible for an executor to act dishonestly, they are legally obligated to manage the estate in good faith. If an executor steals from the estate, they can face serious legal consequences, including civil and criminal charges. It's important to choose a trustworthy executor and consider requiring a bond to protect against potential misconduct.