Opinion 08-199

December 17, 2008

Hon.

Dear Justice :

         This responds to your inquiry (08-199) in which you ask whether you may serve as executrix for your aunt, and trustee for your aunt and uncle, given that your cousin is contesting your aunt’s will. There is no ethical prohibition to your serving in these capacities, including interposing a counterclaim or commencing an action in your fiduciary capacity.

         Please refer Opinions 00-76, 96-152, 95-134 and 94-27, enclosed for your convenience, which address this issue.

Very truly yours,

George D. Marlow

Justice of the Supreme Court

Committee Chair

Encls.