Opinion 90-86

Sept. 18, 1990

Digest:         A co-executor under a will, who becomes a full-time judge when   administration of the estate has almost been concluded, but has not yet been concluded, must resign as co-executor.

Rules:          22 NYCRR 100.5(d)

Opinion:

         A newly elected full-time judge who, prior to assuming judicial office, was co-executor of an estate under a will that was admitted to probate, asks the Committee whether it would be permissible to continue to act as co-executor to conclude the administration of the estate, in light of the fact that the administration has almost, but not quite, been concluded, and since both co-executors are serving without compensation.

         The Committee construes section 100.5(d) of the Rules of Judicial Conduct (22 NYCRR 100.5[d]) as prohibiting a full-time judge from continuing to act as co-executor of a will for someone other than a family member or a person in a familial relationship to the judge, once the judge has assumed office, even though only a small amount of work is required to conclude administration. The judge, therefore, should resign as co-executor. The Committee notes that the judge is one of two co-executors and there remains another co-executor who can conclude administration.