Reply to I changed my parent's will

Forum Index » Family Relationships

Reply to "I changed my parent's will"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]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. [/quote]  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.[/quote]

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.[/quote]

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

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

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.

[quote]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.

[...]

[b]Conclusion[/b]
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. [/quote]

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.
[/quote]

Op got her degree from the Uni of Phoenix. [/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics