Dad's Attorney (Fairfax, VA) barred for preying on elderly (estate planning)

[Anonymous]

I think this belongs here vs "off topic" - deals with elder concerns. My dad paid an advance flat fee for "preparing wills, trusts and power of attorney documents, as well as an advance fees to administer the estate upon the client's death".

This is in quotes because it comes from an article that explains the attorney providing those services was disbarred.

he was a decent lawyer, just a crook. Parents paid him extra so he would handle everything upon death, no extra fees.

Do signed wills/trusts/POA *need* to be updated routinely? They're already notarized and final. Partly venting, partly asking if he needs to see a new estate attorney to establish a relationship.

[Anonymous]

It's probably worth a consult with a reliable lawyer or legal aid society - heck - call the State Bar/disciplinary board and ask if they have anyone that will volunteer to set your parents' mind at ease since this guy was disbarred.

I assume your parents have the notarized originals or notarized copies? they may not need to be updated in terms of substance - i.e. - HOW the estate is to be distributed, but I'd update to make sure the disbarred attorney is not on the documents in any capacity where he could exert control. If he's named as the administrator/executor of the estate you definitely need to change that.

[Anonymous]

I'd have someone else look them over if a disbarred attorney prepared them. He could have cut other corners and figured he'd bat cleanup on the end.

[Anonymous]

Thanks PPs! Gosh, he did offer to be my dad's executor for a couple thousand extra, whew, that crisis averted.

We do have notarized originals - will check if there's a notarized copy. Great idea to check with the State Bar/disciplinary board on reviewing the documents for him.

[Anonymous]

Can you link to the article or tell us who. Wondering if my parents used the same person.

A lot of these people prey on the elderly to some degree-charging as elderly parent chit chats and vents about adult kids and just wants someone to kiss up for a few hours, but I'd like to know what was so bad it worth getting him disbarred.

[Anonymous]

Anonymous wrote:Can you link to the article or tell us who. Wondering if my parents used the same person.

A lot of these people prey on the elderly to some degree-charging as elderly parent chit chats and vents about adult kids and just wants someone to kiss up for a few hours, but I'd like to know what was so bad it worth getting him disbarred.

Uh, it’s not “preying” to charge for time even when clients do a bad job managing their own bill

[Anonymous]

Anonymous wrote:

Anonymous wrote:Can you link to the article or tell us who. Wondering if my parents used the same person.

A lot of these people prey on the elderly to some degree-charging as elderly parent chit chats and vents about adult kids and just wants someone to kiss up for a few hours, but I'd like to know what was so bad it worth getting him disbarred.

Uh, it’s not “preying” to charge for time even when clients do a bad job managing their own bill

There's this period of time either where they show signs of dementia and pass the screen or they refuse to get screened, but they have no judgment. Some people are kind and will gently say "It has been lovely speaking with you, but I do need to remind you I charge $320 and hour and we need to get x, y, z done" and some with just charge away. It's hard because no matter how much you visit they can be incredibly needy and if you know they can afford this money throw and you don't have the time or energy to find a new contractor/social worker/lawyer/accountant or whatever it's tough. It is a full time job and a half protecting the elderly who don't want to be protected and I have 2 kids, one with special needs and my own serious health issues and a spouse who has to be out of town a lot. I don't have the bandwidth for this.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Can you link to the article or tell us who. Wondering if my parents used the same person.

A lot of these people prey on the elderly to some degree-charging as elderly parent chit chats and vents about adult kids and just wants someone to kiss up for a few hours, but I'd like to know what was so bad it worth getting him disbarred.

Uh, it’s not “preying” to charge for time even when clients do a bad job managing their own bill

There's this period of time either where they show signs of dementia and pass the screen or they refuse to get screened, but they have no judgment. Some people are kind and will gently say "It has been lovely speaking with you, but I do need to remind you I charge $320 and hour and we need to get x, y, z done" and some with just charge away. It's hard because no matter how much you visit they can be incredibly needy and if you know they can afford this money throw and you don't have the time or energy to find a new contractor/social worker/lawyer/accountant or whatever it's tough. It is a full time job and a half protecting the elderly who don't want to be protected and I have 2 kids, one with special needs and my own serious health issues and a spouse who has to be out of town a lot. I don't have the bandwidth for this.

Look, I’m sure there are some real shitbags out there, but my personal experience is that I don’t want my time wasted, and I do try to remind clients to use my time wisely, but when they refuse to, I have to charge them. I sympathize with your situation, having 3 kids myself and plenty of work to do, but realistically if a client insists on running up the bill, there’s only so much we can do about it as lawyers.

[Anonymous]

What is the name of the lawyer? Is he in Fairfax City? I wouldn't be surprised if he's the lawyer we initially used for an estate matter. He charged us $2,000 to draft a simple letter. $2,000 to crank out a form letter he probably uses several times a month. Sheesh.

[Anonymous]

Anonymous wrote:What is the name of the lawyer? Is he in Fairfax City? I wouldn't be surprised if he's the lawyer we initially used for an estate matter. He charged us $2,000 to draft a simple letter. $2,000 to crank out a form letter he probably uses several times a month. Sheesh.

Yes. I think it may the one we contacted, too. OP, can you offer some idea who this is or where the office is located to help?

[Anonymous]

I'd also share the offering to be executor with the State Bar, it is a conflict of interest.