I am in the process of updating my estate plan. I am divorced, in my mid 70s and have two grown children. In my previous estate plan, my two children received my entire state equally; however, I would like to make some adjustments.
My son’s political beliefs are so different from my own and I’m afraid of what he will do with the money. I do not support his political reasons so I decided to evict him and leave everything to my daughter. My attorney is reluctant to make this change for me. He believes that I should reconsider my decision and reflect on the impact that this change will have on the relationship between my son and my daughter.
Do you think it is appropriate for the attorney to question my wishes? If he does not make the change even though he has previously drafted my estate plans, is it easy to hire another attorney?
I have no problem with your lawyer questioning your wishes. After all, your attorney is more than just an order taker. Remember, your attorney also acts as your counselor, and you want him to play devil counsel.
Part of his job is to question you to make sure you understand the consequences of any actions you may take. In fact, I would be more concerned with dealing with an attorney who does not ask questions and recommend various cases. Ultimately, the final decisions in your estate plan are up to you.
In the vast majority of cases, an estate planning attorney will have to ask the client various questions so that the estate plan can be drafted in a way that is legal and meets the needs of the clients. In rare cases, an attorney may, for whatever reason, decide that they cannot make the estate plan as the client wishes. In those cases, a client should have no problem retaining a new attorney. You can always change solicitors; it happens all the time.
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Whenever a client wants to dispossess a child, I try to explain the consequences. I do this not to dissuade the client from inheriting a child, but to ensure that they have reflected on the issue and are not making an emotional decision. Like your investments, you do not want to let your emotions control your estate planning decisions.
As an estate planning attorney, I make sure that the estate plan reflects the client ‘s wishes and is drafted in a legally enforceable manner. My job is not to do what I think is right or to control the client in one way or another, but instead, I want to make sure that the client understands their choices.
Don’t forget that your attorney works for you – you don’t work for them. No matter what you have hired the attorney for, whether it is an estate plan or any other legal issue, if you are not happy with them or feel that your interest is not at their core, the simple solution is to get involved . ways with them and hiring a new attorney.
Rick Bloom is a fee – only financial advisor. Its website is www.bloomadvisors.com. If you would like it answered your questions, please email rick@bloomadvisors.com.
