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Attorney?

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  • Attorney?

    I have received a letter from my parent's solicitor, regarding my late mother's will.
    The solicitor has already anticipated that I do not wish to fulfill my role as executor, (my sister and I are named as executors but I have not spoken to her for years), and has given me other choices.
    I can appoint an attorney, or a lay attorney. I thought attorney was the USA name for solicitor
    Can anyone tell me what is a lay attorney?
    I am thinking that a lay attorney would be someone without a law degree.
    I have contacted the solicitor to try and verify what they mean by a lay attorney but have not as yet received a reply.
    Another concern is that there is no date specified for which I must notify the solicitor of my decision.
    Can anyone help me?
    Thank you
    Tags: None

  • #2
    Hi Jody84,
    An attorney in this country is someone who effectively ‘steps into your shoes’ and can act on your behalf. This can be in relation to a specific piece of work that needs completing such as being the executor for the Will, or could be appointed to deal with a range of matters, which would happen if someone appointed an attorney under a lasting power of attorney, for example.
    A lay attorney is anyone appointed, who is not a professional, such as a solicitor. A professional attorney can charge for the work the undertake, whereas a lay attorney can only claim their reasonable expenses such as travel expenses.
    Is your sister willing to act as executor? Do you want to act? There are other options if you don’t wish to act and your sister is willing to act such as renouncing the appointment or reserving power. The other executor would then deal with the estate on their own (althoughh there are circumstances when you reserve power, when you can step back in so to speak).
    Hope this helps? If you need anymore guidance just post here again.
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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    • #3
      Thanks for the information. I've now signed over the job of executor to my sister.
      It's a relief not to have the responsibility, but my parents wanted 2 of their children to see the job was done properly, (1 from the elder children and 1 from the younger, due to their being such a large gap in between). Again, thank you for the information.

      Comment


      • #4
        I'm glad you've come to a decision. It is always difficult trying to juggle what is best for you against the wishes of others. I hope things go smoothly for you. Here if you need us.
        I am a qualified solicitor and am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment


        • #5
          I have just had the solicitor on the phone.
          They now tell me I cannot appoint a lay attorney, (even though the solicitor previously gave me it as an option by letter and by phone ).
          I am now told, I can only appoint a lay attorney if the other executor also wishes to appoint a lay attorney. I am very confused.
          Can anyone advise me on what are the facts?

          Comment

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