[WSBAPT] Step-Child Dominates EP Discussions

[Jeff at bellanddavispllc.com]

Listmates:

 

This is more of a ethical question, but wanted to see how you have dealt
with this situation in the past.  Client comes in for estate planning.  I
only meet with him which is my practice.  After sending drafts, client
insists I talk to with step-child for his input on what is to be done.  I do
not meet him to discuss how client's estate planning is to be set up, but do
meet him to explain why I do not let anyone other then the client tell me
how they want their estate set up.  Now client insist I talk with step-child
and answer his questions he as about the EP, or client won't sign.  Also, I
receive edits to my drafts that are suspect.  Client has children, and other
step-children.   

 

To me this reeks of undue influence.  I could see the children challenging
the EP document.  If I suspect undue influence don't I have an ethical duty
to just walk away?  I was already compelled to testify at a trial that
challenged a second Will, done after the one I had done; I really don't want
to go through that again.  Better to give back the retainer and cut the
losses.  What have you done when faced with this?

 

Jeff

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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