Ask a Lawyer - Archive

What if a person set to be executor is not an honest person and known for being manipulative and dishonest? How can dishonesty be proved? In this case, the person is also a lawyer, so not only is he charged with the duties of an executor but he has knowledge of how to create the appearance of propriety. However, he has had a history of taking large sums he was not owed and of changing wills to his benefit (with himself, again, as executor). Some of this behavior is outside of the statute of limitations, but his character has not changed. How can it be proved, when he is assumed to be honest? And why is a named executor always assumed to be honest? This seems to be a great flaw in the law. Power corrupts.

I suggest filing a complaint with the Grievance Committee of the Bar Association in the county where the lawyer practices law.