mardi 25 avril 2017

Wills: It Seems Strange That a Lawyer Would Want This Clause in My Will

My question involves estate proceedings in the state of: California

I currently own no real property except my house. I have never been married and have no children. I have substantial financial assets. I do not own a business. I have no living trust, nor do I want one.

I have received a draft copy for my will from a lawyer. Why would the lawyer put the following clause in my will?

"I authorize the Executor to invest and reinvest any surplus money of my Estate that the Executor considers advisable in any kind of property, real, personal, or mixed, specifically including, but not limited to, improved and unimproved real property, interest-bearing accounts, corporate and government obligations of every kind, preferred or common stocks, shares of mutual funds, investment trusts of any kind and every character, and stocks, obligations, and shares or units of common trust funds of any corporate fiduciary. Notwithstanding the foregoing investment authorization, the Executor shall not be liable for the failure to exercise the powers that are granted in this paragraph."

Authorizing the Executor to use the (probably substantial) surplus money of my estate for buying improved and unimproved real property? That does not seem right at all. Also, things like "investment trusts of any kind and every character"? Or "shares or units of common trust funds of any corporate fiduciary"?

I intend for my estate to be turned into cash and then be distributed to two friends and three charities.

Is it common for a lawyer to include a clause like this in a simple will?

Thanks very much for your comments.


Wills: It Seems Strange That a Lawyer Would Want This Clause in My Will

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