[WSBAPT] Drug testing requirement in Will

[Jennifer Johnson]

Thank you all.  The questions and suggestions are all very helpful.  

Jennifer

Jennifer Johnson | Attorney
Hanigan Law Office, PS
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)

CONFIDENTIALITY NOTICE:  THIS EMAIL IS INTENDED TO BE A CONFIDENTIAL AND PRIVILEGED ATTORNEY-CLIENT COMMUNICATION.  IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS EMAIL, PLEASE DO NOT READ OR PRINT IT.  This transmission is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  You are hereby notified that any dissemination, distribution, or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited.  If your receipt of this transmission is in error, please notify the sender immediately by calling 360.795.3494, or by reply to this transmission, and then permanently delete the message.
 
DISCLAIMER NOTICE:  Email communication on the internet is NOT secure.  There is a risk that this communication may be intercepted illegally, waiving any implied or explicit attorney-client or work-product privileges.




> On Jan 7, 2016, at 11:07 AM, Lisa Schuchman <lisa at lisaschuchman.com> wrote:
> 
> I have also worked with numerous clients who wanted drug testing provisions.  I just don't think it's practical for the reasons already offered.  Also, if the the trustee or PR is a family member or friend, I ask if they want to put them in that position, which I think would be very uncomfortable and a lot of work for the PR or trustee.  I've offered the option of donating money to, for example, a drug treatment program in honor of the heir (instead of direct bequest) or using a trust to give the heir a set amount of money every month or quarter without trustee's discretion.  It's a tough situation and very sad for parents.
> 
> Lisa E. Schuchman
> 206-325-2801
> www.lisaschuchman.com
> 
> Do something for somebody every day for which you do not get paid. –Albert Schweitzer
>  
> NOTE: I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege. This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.  
> 
> Any tax advice included in this document and its attachments was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.
>   Please consider the trees before printing this document
> 
> 
> -----Original Message-----
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
> Sent: Thursday, January 7, 2016 10:05 AM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] Drug testing requirement in Will
> 
> I have discussed it before with clients, and I have a faint memory of dealing with a Will once that had such a provision.
> 
> The essence of the problem from estate planning perspective is that the client wants a certain thing - for the daughter to be sober - and thinks that the drug test is a way to ensure that. But if the drug test is simply a condition precedent and there is a fixed date, then the daughter may simply be able to plan to be clean for that date. It also is necessary to specify the test or tests that would be done - "drug test" is so vague as to be useless. What method of testing? Urinalysis, blood test, hair, fingernails? What drugs?
> 
> Other questions - how many tests does she have to pass? When should the test take place? Does she get a second or third chance if she fails? Is the consequence truly "all or nothing" and has the client truly contemplated the possibility of the daughter receiving nothing simply on the strength of a single failed drug test? Is this truly helping the daughter to be sober? Or simply punishing her if she is not?
> 
> If I remember correctly, I think the last time I discussed this with a client who wanted it, we ended up setting up a trust instead. 
> 
> Sincerely,
> 
> Eric
> 
> Eric C. Nelsen
> SAYRE LAW OFFICES, PLLC
> 1320 University St
> Seattle WA 98101-2837
> phone 206-625-0092
> fax 206-625-9040
> 
> -----Original Message-----
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Johnson
> Sent: Thursday, January 07, 2016 8:55 AM
> To: WSBA Probate & Trust Listserv
> Subject: [WSBAPT] Drug testing requirement in Will
> 
> Hello all,
> 
> I have a client that would like to include a requirement in his will that his daughter be required to pass a drug test before she can inherit a certain amount of cash.
> 
> I've never had the occasion to include this requirement in a will and I'm curious to hear what others think about this sort of provision or have experienced in probate when this requirement comes up.
> 
> I appreciate your input.
> 
> Thank you,
> 
> Jennifer
> 
> Jennifer M. Johnson
> Hanigan Law Office, PS
> 360-795-3494
> 
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
> 
> 
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
> 
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160107/1eaae189/attachment.html>