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Inheritance - Is it a right?
Oftentimes it is an adult child who contacts an attorney for estate planning advice for his or her parents. While the attorney must determine who the client really is in providing advice, it is frequently the case where the child claims to attempt asset protection for his or her parents, when in fact; the truth is that he or she wants to preserve an inheritance.
The attorney must explain to the child that no specific advice may be given to the child relative to the parent’s wishes without the consent of the parent, who presumably, will become the client of the office. Nevertheless, after all of the disclosures, explanation of the privacy act, and also the attempted explanation of the disciplinary rules and code of ethics, the child is often relentless in a pursuit of information.
It may be acceptable to provide generic information as to what the laws are and what a person may or may not do, but in the event that something goes awry, it will be the attorney who receives the wrath of child for providing basic information without specifics. This may be compared to a recent medical program on television where a person showed up at a hospital and basically said that he followed directions from the internet and cut off of a finger. When the doctor informed him that it was not done properly, there were going to be serious complications and the finger could probably not be reattached, the patient blamed the internet. In estate planning, not every client signs the same documents, makes the same decisions and appoints the same individuals under their documents, so generic information may not be very helpful.
The lesson here is that with an overzealous child who anticipates his or her inheritance may take any and all necessary steps in order to attempt to provide for the receipt of assets. However, not every child is dishonest or greedy. There are many children who do, in fact, have their parents’ best interests at heart and are not concerned about money. Bacon & Wilson, P.C.
Attorneys at Law
Springfield, MA 01103
(413) 781-0560
visit website: www.bacon-wilson.com
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