Can an Executor of a Will Also Be the Sole Heir of the Will?

Attorney Thomas B. Burton answers a reader question about whether someone can be the Executor (or Personal Representative) and also the sole heir (or beneficiary) of a Will under Wisconsin law.

Transcript of Video: Can an Executor of a Will Also Be the Sole Heir of the Will?


Today's question comes from Eau Claire

Wisconsin and the writer asked can an

executor/personal representative

of a will also be the sole heir or

beneficiary so this is a great question

just to clarify in Wisconsin you've

heard the term executor of a will we

call them a personal representative

under the statute and in Wisconsin

there's nothing in the law prohibiting

the personal representative from also

being the sole heir of the estate in

fact in many situations such as an only

child

this person is often named by the

parents as the personal representative

and the sole heir there's no inherent

conflict here the only thing you would

want to avoid in this situation is that

if the you name the same person as

personal representative and heir they're

definitely interested in the estate and

they could not serve as a witness to

that will so if this was a will it's

perfectly fine to name the same person

as personal representative and as the

sole heir but they should not serve as

the witness to the will because they

would be interested in the estate so if

you have further questions about this I

suggest you talk with your estate

planning attorney and they can lay out

your options and how to go about this

and also how to execute the will in a

way that complies with the law so a

great question and thank you for asking.


© 2020 Burton Law LLC. All Rights Reserved.

Transcript and captions provided for ease of access for the hearing impaired.

For questions about this topic, or to suggest a topic for a future blog post, please contact my office.

© 2020 by Burton Law LLC

 

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