[WSBAPT] conflict?

[Philip N. Jones]

You can’t take sides in their disagreement, but you can offer a neutral explanation.  If they then resolve their differences, you can continue to draft for both of them.  But if they do not resolve their differences, you need to resign from one or both.
Phil Jones
Portlainf

Philip N. Jones
Duffy Kekel LLP
Portland, OR
pjones at duffykekel.com
(503) 226-1371

On Sep 26, 2020, at 8:00 AM, Kristina Driessen <kristina at rdattys.comcastbiz.net> wrote:



Good Morning:

I am preparing Wills for clients.  Initially, the wife told me that the property was in just her name.  My response was that all property acquired during marriage was community, despite how it is deeded. This is a conversation with both spouses present.

I have since learned from reviewing the deeds that the husband signed quit claim deeds several years after both purchases [and not part of a refinance scheme] granting the property to the wife as her separate property.

Wife would like to give all properties to her children [2 with husband, 1 from previous relationship], husband obviously would like 50% ownership.

I know the answer if they were to get a dissolution, but fear that in the probate court it opens up a ton of litigation. I also fear now that I know both sides, that I am precluded from preparing the documents even if they tell me they agree one way or the other.

Thoughts?


Kristina A. Driessen
“A” Street Legal Services, Inc. P.S
Attorneys at Law
16 A Street SE
Auburn, WA. 98002
(253) 939-0811
(253) 939-0471 fax
astreetlegalservices.com
kristina at rdattys.comcastbiz.net

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