[WSBAPT] conflict?

Sun Sep 27 10:45:47 PDT 2020

Good information. Thanks, Phil!

Inge A. Fordham
Fordham Law, PLLC
3218 Sixth Avenue
Tacoma, WA 98406
(253) 348-2657

On Sep 27, 2020, at 10:01 AM, Philip N. Jones <pjones at duffykekel.com> wrote:

Excellent points.  And recite that they reached their agreement on their own, without any influence from you.
As Felicia points out, some clients “chew” on these issues later, and their memory always seems to differ from yours.  Even worse, their family members chew on these issues after the client dies, and those family members and their attorneys can be very creative and come up with odd theories that are the opposite of what you and your client discussed very clearly.  This is a hugely growing trend in the expanding field of estate planning malpractice.  I wrote an article on this subject (and how to protect yourself against this risk) in the July 2019 issue of the Oregon State Bar Estate Planning and Administration Section Newsletter (there’s a mouthful) and I modestly recommend that every estate planner read it.  It is very short (only two pages), but very worthwhile, if I do say so myself, and I do.  The link to the newsletter issue is below, and the article is on page 6.  Autographed copies are available for a modest fee.
Thanks for listening,
Phil Jones
Portland, OR

https://estateplanning.osbar.org/files/2019/07/Est_2019Jul.pdf

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Felicia Value
Sent: Sunday, September 27, 2020 8:54 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] conflict?

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<mailto:kristina at rdattys.comcastbiz.net>

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