[WSBAPT] Step-Child Dominates EP Discussions

Fri Apr 4 11:04:11 PDT 2025

I chose to walk away and explain why showing the timeline of events.  Even if I answered the step-son’s questions I do not see a way around the ethical dilemma.  I can only represent one client, and that client has to be able, alone and without influence from another, to tell me how their estate should pass.  

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

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  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ryan Castle
Sent: Thursday, April 3, 2025 3:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Step-Child Dominates EP Discussions

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 <mailto: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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.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  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

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-- 

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/

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