I changed my parent's will

[Anonymous]

Seems like a lot of law students asking for help with homework here lately...

[Anonymous]

Anonymous wrote:LOL at your parents asking you to look over a will that screwed you.

That is super strange. Weird family dynamic there, if this is true.

"Hey, Larla...take a look at our will, would you? We're leaving the house to Larlo, but you'll get our Precious Moments collection and the photo albums. Cool?"

[Anonymous]

Anonymous wrote:Seems like a lot of law students asking for help with homework here lately...

LOL Yeah, smells like BS to me too.

[Anonymous]

Law professors don't usually give homework. You just have final exams and it isn't quite exam season. --law prof

[Anonymous]

Anonymous wrote:

Anonymous wrote:Seems like a lot of law students asking for help with homework here lately...

LOL Yeah, smells like BS to me too.

LMAO

Yes it do.

Just an FYI for the greedy here, when you never call your parents, never go see your parents, never bring your kids to visit your parents, think you are better than your parents, you get the finger come goody bag will time.

Oh to be a fly on the wall for a brief minute more of life to see the dick face ...

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Lawyers can typically draft wills for family members and be beneficiaries in most jurisdictions. I don't understand why people think OP tricked her parents or her brothers.

that is very different that what OP did (influenced her parents to leave more money to her, then drew up a new will for them). that is not at all the same as just being a beneficiary. I shudder that some of you appear to be practicing law with this sort of understanding of ethics.

Why is it unethical for an equitable distribution? It should be more ethical to ask to not to treated inferior by virtue of sex. My parents are not senile. They had the previous will drafted in the 60s before their consciousness was raised that girls could be of equal worth as boys. Now they are aligned with modern times. They are senile or feeble, they are aware.

Oh please, you should know the answer to this or else you slept through your ethics class in law school.

http://www.law.ua.edu/pubs/jlp_files/issues_files/vol09/vol09art10.pdf

If you were not their daughter, this would be completely unethical and illegal. In this case, you get a pass on it being illegal because the law does give an exemption for those related to the testator, but otherwise, this document spells out how unethical it would be. You should advise your parents to get a different lawyer and have them discuss the issue of the will and the disposition of the estate in private with that lawyer who can realistically determine if this is their desire or your desire and you unduly influenced your parents to redistribute the inheritances.

The new Model Rules of Professional Conduct are much clearer in such cases. Adopted August 2, 1983, the new rules flatly prohibit an attorney from preparing an instrument giving the attorney or his relative any substantial gift except where the client/testator is related to the lawyer. The language is unqualified. The attorney "shall not" prepare such an instrument.

[...]

Conclusion
Wills drawn by an attorney which name him as a beneficiary place the lawyer in a precarious position. The new Model Rules of Professional Conduct totally ban such a disposition. With the exception of the case where the attorney receives no more under the will than had his client died intestate, for example, the family situation, such wills inevitably cause probate contests and raise the possibility of disciplinary proceedings. If a client insists on having such an instrument drawn, he should be sent to independent counsel. If the lawyer loses the bequest because the client retained independent counsel, he probably was headed for trouble had he drawn the will himself.

Why do you think that the document and law ethics courses place such a high bar for safety? Because it is ethically improper for a lawyer to advise a client to increase the lawyer's inheritance and then subsequently draft the instrument that does so. As said, you only get a pass on legality because you are family. You don't get a pass for the questionable ethics of what you did. You really should suggest your parents consult independent counsel who can question them about their true intent and advise them accordingly.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Lawyers can typically draft wills for family members and be beneficiaries in most jurisdictions. I don't understand why people think OP tricked her parents or her brothers.

that is very different that what OP did (influenced her parents to leave more money to her, then drew up a new will for them). that is not at all the same as just being a beneficiary. I shudder that some of you appear to be practicing law with this sort of understanding of ethics.

Why is it unethical for an equitable distribution? It should be more ethical to ask to not to treated inferior by virtue of sex. My parents are not senile. They had the previous will drafted in the 60s before their consciousness was raised that girls could be of equal worth as boys. Now they are aligned with modern times. They are senile or feeble, they are aware.

Oh please, you should know the answer to this or else you slept through your ethics class in law school.

http://www.law.ua.edu/pubs/jlp_files/issues_files/vol09/vol09art10.pdf

If you were not their daughter, this would be completely unethical and illegal. In this case, you get a pass on it being illegal because the law does give an exemption for those related to the testator, but otherwise, this document spells out how unethical it would be. You should advise your parents to get a different lawyer and have them discuss the issue of the will and the disposition of the estate in private with that lawyer who can realistically determine if this is their desire or your desire and you unduly influenced your parents to redistribute the inheritances.

The new Model Rules of Professional Conduct are much clearer in such cases. Adopted August 2, 1983, the new rules flatly prohibit an attorney from preparing an instrument giving the attorney or his relative any substantial gift except where the client/testator is related to the lawyer. The language is unqualified. The attorney "shall not" prepare such an instrument.

[...]

Conclusion
Wills drawn by an attorney which name him as a beneficiary place the lawyer in a precarious position. The new Model Rules of Professional Conduct totally ban such a disposition. With the exception of the case where the attorney receives no more under the will than had his client died intestate, for example, the family situation, such wills inevitably cause probate contests and raise the possibility of disciplinary proceedings. If a client insists on having such an instrument drawn, he should be sent to independent counsel. If the lawyer loses the bequest because the client retained independent counsel, he probably was headed for trouble had he drawn the will himself.

Why do you think that the document and law ethics courses place such a high bar for safety? Because it is ethically improper for a lawyer to advise a client to increase the lawyer's inheritance and then subsequently draft the instrument that does so. As said, you only get a pass on legality because you are family. You don't get a pass for the questionable ethics of what you did. You really should suggest your parents consult independent counsel who can question them about their true intent and advise them accordingly.

Op got her degree from the Uni of Phoenix.

[Anonymous]

Anonymous wrote:Can you ethically be the lawyer to draw up the will/trust and be a beneficiary at the same time? It seems like you have a huge conflict of interest here. It also sounds like that conflict creates an enormous reason to challenge the will. (Of course, that works in your favor, because if the will is thrown out, the children take equally.)

+100 Better hope you don't get reported to the bar administration.

[Anonymous]

It's technically only a problem if the will is contested.

[Anonymous]

Anonymous wrote:Lawyers can typically draft wills for family members and be beneficiaries in most jurisdictions. I don't understand why people think OP tricked her parents or her brothers.

There's a presumption of undue influence if you are a beneficiary and the lawyer.

And this, OP, is why you shouldn't tell a soul.

[Anonymous]

Everyone involved here seems really weird. Yuck.

[Anonymous]

Why don't you know that the possessive plural of parents is parents'?

[Anonymous]

my dim recollection is that a beneficiary can be the attorney who helps draw up a will if and only if they are immediate family. otherwise, the gift is null and void.

since you are family, the gift is probably presumptively fine. BUT any reasonable attorney would tell his or her parents to have another attorney do the will. for crying out loud. you are just begging for someone to challenge it and cry undue influence. you certainly weren't acting as neutral counsel when you (fairly and correctly) demanded they change the will in keeping with your notion of fair play.

short version: no, you shouldn't tell anyone (that would reveal confidential attorney-client communication). but you absolutely should tell them to have someone else review the will and perhaps re-execute it as necessary/appropriate. i'm certain you could probably recommend a few people.

[Anonymous]

Tell you brothers and sisters (in presence of their respective spouses) at the dinner table next thanksgiving. Wait. Let me get my popcorn.

[Anonymous]

Anonymous wrote:Can you ethically be the lawyer to draw up the will/trust and be a beneficiary at the same time? It seems like you have a huge conflict of interest here. It also sounds like that conflict creates an enormous reason to challenge the will. (Of course, that works in your favor, because if the will is thrown out, the children take equally.)

Your parents should have given equally to each child. But you are unethical and I hope your brothers hire their own lawyer to sue you. I am looking for an estate lawyer. Where do you practice because I want lawyer who is ethical. Or, s that a contradiction in terms?