[WSBAPT] Step-Child Dominates EP Discussions

[Ryan Castle]

You might see first what the questions by step-child are. You don't have to
answer. The questions may be innocuous. And then document everything. But
it still sounds pretty awful. If awful, then walk away and explain why. Let
them know that "no" attorney will help them because of the undue influence
and professional liability risk. I haven't gotten to that point, as most
people get it.

On Thu, Apr 3, 2025 at 9:04 AM <Jeff at bellanddavispllc.com> wrote:

> 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: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the intended
> recipient, any dissemination, distribution, or copying is strictly
> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at info at bellanddavispllc.com  or call
> 360.683.1129.
>
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>


-- 

Ryan Castle (he/him)
Castle Law Firm, PLLC
Managing Attorney
T: 360-592-3504
1313 E. Maple St., Suite 790
Bellingham, WA 98225
https://ryancastlelawfirm.com/
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250403/90cc5672/attachment.html>