In Michigan, this would not be a problem. The attorney would not be allowed to draft documents, (or have anyone in his/her firm do so, if he is to receive distributions from the estate. But serving as the personal representative is allowed, even if this means that the lawyer would be entitled to compensation. I believe the theory is...SOMEONE needs to do the job. The lawyer is simply one possible person to handle it. I would think that it is probably still a best practice to have someone else draft the forms to avoid even an appearance of impropriety.
Whether or not Florida law differs, I cannot say. It would not surprise me that other states have much more restriction on this kind of thing.
You can always petition the court to have the lawyer removed as executor and have someone else appointed. Under those circumstances, the lawyer might well agree to step down.
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Mr. Frederick offers sound advice. There is no conflict of interest here, but if you object to the attorney serving, then you can retain an estate litigation attorney to petition the court for his removal.
Hope this helps.
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Not sure about Florida Law, but in NY, the client needs to sign an affidavit (Putnam affidavit) stating that they know that the attorney will be receiving a separate fee for acting as an executor. Without such an affidavit, the attorney's fees are reduced by half. I would consult an attorney in the state(s) where the will is probated.
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