Re: My Dad Wants Me to Draft His Will, Disinheriting My Sist

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On 5/20/08, Carol wrote:
> On 5/20/08, Alex wrote:
>> On 4/10/08, Jamie wrote:
>>> My father has a will dividing his estate equally between
>>> my sister and me. He's now come to me and asked me to
>>> draft a will for him, excluding my sister and making me
>>> his sole beneficiary (he and my sister have never really
>>> gotten along and have recently had a major falling out).
>>> Obviously, I'm concerned about how this proposed new will
>>> would stand up to challenge.
>>>
>>> I've suggested he go to another attorney to draw the new
>>> will, but he'd prefer I do it, and save him the $400.
>>>
>>> Any suggestion as to how I could make the newly drafted
>>> will stand up if it were challenged in court?
>>>
>>> My initial thoughts have been to videotape the execution
>>> of the will, having him speak into the camera and affirm
>>> that I wanted him to seek outside counsel, have him read
>>> and ratify the relevant articles, have him sign an
>>> affidavit stating this was his choice alone, have him
>>> handwrite a statement...
>>>
>>> Any other suggestions would be very appreciated.
>>>
>>>
>>
>> That's a terrible idea. Let's leave aside the family
>> dynamics for a moment (why you'd be okay writing a will
>> disinheriting your sibling to your benefit, or why you might
>> not be okay telling your dad no) and think for a second
>> about the legal and professional implications. Your
>> proposals at the end might protect the will from challenge,
>> but what about the possibilities of a disciplinary action
>> against you, instituted by your sister? Whether or not
>> you're actually doing anything that violates the rules of
>> professional responsibility in your state, do you really
>> want to invite that sort of challenge?
>>
>> Wills that disinherit family members are ripe for challenge,
>> and thus should only be drafted by experienced attorneys who
>> are NOT beneficiaries of the will. You would be well within
>> your rights to advise your dad that if he wants something
>> beyond a simple will, he should expect to have to pay for
>> it. Or, depending on the law in your state, tell him to
>> write it out by hand if he really doesn't want to pay for
>> it.
> I strongly concur! In any state that I am aware of the attorney
> cannot have a personal interest in any will that they draft.
> You would not only have a will contest but disciplinary action.
> If he doesn't want to spend the money perhaps you should pay it
> for him. I'd be highly suspicious of his motivation if he
> insists you are the only one who can do this.
In fact, on thinking on this for a few more moments, I find it
hard to believe that anyone who has been through law school would
even consider doing what you've proposed. You're pulling our leg,
right? Or is it a homework assignment?