Can a person in Pennsylvania be an executor of a will and a beneficiary of that will?
3 attorney answers
I agree with both attorneys. This is very common but can in certain cases raise problems. Your uncle should meet with an estates attorney to set up a complete estate plan.
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I agree with Attorney White. It is done all the time. I would simply add that your uncle should have his estate planning documents prepared by an attorney. The attorney can determine if a Will is appropriate in light of your uncle's objectives and whether or not other documents are needed, such as a durable power of attorney for health care and financial matters. If your uncle wishes to avoid probate, a Will is not the proper estate planning tool for that.
*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.
Yes it is legal and quite common for someone to be named both executor and beneficiary.
This information is not intended, and should not be construed, as legal advice. I encourage those with questions to consult an attorney of their choice for guidance.