Opinion 90-22

March 1, 1990

Please Note: While the outcome of this opinion remains unchanged, former section 100.5(d) has been superseded by 22 NYCRR 100.4(E)(1).  Full-time judges, in particular, should be careful to review the current rule. 

Digest:         A full-time judge may serve as the executor of his father-in-law’s estate.

 Rules:          22 NYCRR 100.5(d)

Opinion:

        A full-time judge inquires if he may serve as the executor of his father-in-law’s estate.

        Section 100.5 (d) of the Rules of the Chief Administrator states:

No judge, except a judge who is permitted to practice law, shall serve as the executor, administrator, trustee, guardian or other fiduciary, designated by an instrument executed after January 1, 1974, except for the estate, trust or person of a member of his or her family, and then, only if such service will not interfere with the proper performance of judicial duties. Members of his or her family include a spouse, child, grandchild, parent, grandparent or other relative or person with whom the judge maintains a close familial relationship [emphasis supplied].

         In-laws are included as family under this provision and the judge, thus, may serve as the executor of his father-in-law’s estate.