Everyone Loses When Estate Planning is Done by Non-Specialists
Posted on Mon, Aug 28, 2006
An out-of-state court recently found that an attorney who did not work in the estate planning area should not have dabbled. He bought a form will, modified it and presented it to an elderly relative for signature. The beneficiary was her relative-caretaker (a dangerous will under California law). The attorney didn't ask her about other relatives who might not like the will that left everything to one person.
The will ended up in court. The litigators got paid first, the named beneficiary got 40% of what was left, and the relatives got the rest. The attorney was suspended for failure to provide competent representation and to avoid conflicts of interest.
You can download the case opinion here.