[WSBAPT] conflict?

[Felicia Value]

Hi Kristina -

I agree with Phillip Jones' analysis.  I would add:  If your clients do 
reach an agreement,  I'd quickly set it out in a letter to them - 
describe the conflict - and their agreed resolution of the conflict.   
E.g. "Intially you told me X.  We later discovered Y.  You eventually 
agreed that your Wills would read like this _________________________."  
Because if one of them starts to chew on this later,  and asks why YOU 
wrote their plan the way it's written,  you want to be able to document 
the process and the decisions THEY made.

And I'd be careful to reiterate to them ASAP the basic conflit rules - 
that you can't keep a secret from a client,  and that you can't 
represent either one of them if they can't agree.

Regards,

Felicia

On 9/26/2020 7:57 AM, Kristina Driessen 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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-- 
PLEASE NOTE! As of August 1,  2019,  my office has MOVED to 413 Morris St. in La Conner.

Felicia Value
Attorney at Law
PO Box 578/413 Morris Street
La Conner,  WA 98257
(360) 466-2088
Felicia at skagitprobate.com

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