This country was founded on financing, layaway almost seems like a right, but can you lay away those legal fees for administering and setting up your estate plans? Seems simple right, just put a piece in the will about paying off your attorney for all those backed fees. Were you aware that your attorney cannot do that unless he is related to you and that such an action may constitute a violation of the rules of professional conduct.
- Florida Probate Lawyers are bound by the Rules of Professional Conduct which are enforced by the Florida Bar. Every state has some equivalent body that looks after the actions of attorneys and acts as a quality control over licensing of attorneys.
- One recurring theme of these rules is that a lawyer cannot implant themselves into a will unless they are a close relative of the testator.
- Why do you think this rule is so important? Is it fair? Traditionally we have a rule in American Courts that people have a large girth of right to vest whatever property to whomever they choose, but not to their own lawyers?
Fair or not the rule came out in a Michigan Disciplinary Hearing and a related case as a family tries to pry 14 million dollars out of a Probate Attorney’s pockets. Should the devise be upheld or is this unfair?
- an elderly man wanted to put his financial affairs in order he turned to his longtime friend, an attorney to prepare a trust document.
- That trust ended up being worth about 17 million dollars when the testator dies in 2012. The majority of the estate was left to the attorney and his two families.
- The family members of the decedent want the court to invalidate that gift and make the money go back to the family through intestancy
- Florida Probate Attorneys are experienced at fighting gifts that seem fishy and are prepared to invalidate these gifts through motions, evidentiary hearings and the like to get the results expected.
- Its clear that a bar and ethics violation is imminent but will the inheritance be disallowed? Should it be disallowed, what do you think?