Tuesday, June 17, 2014
The Trouble With Being Your Own Executor
Carol Van Patten tried to challenge the accounting done by the trustee of the trust she was the sole beneficiary of. The problem arose becuase Van Patten filed pro se on behalf of the estate. The New York Surrogate’s Court found that this constituted the unauthorized practice of law, because she was not representing herself but rather the estate, and it did not matter whether she was the only beneficiary or not.
See David Kasakove & Heather Rogers, If You Think You Can Represent Yourself as an Executor, Think Again!, Bryan Cave, June 12, 2014.
http://lawprofessors.typepad.com/trusts_estates_prof/2014/06/the-trouble-with-being-your-own-executor.html