Should You Write Your Own Will?
Writing a will shouldn’t be that hard. There’s plenty of online help and advice, and forms readily available. Shouldn’t you be able to write your own will? What could go wrong? Before you consider whether to write your own will, think about the kinds of problems that might arise. If the problems are not great, […]
Court Invalidates Will and Trust Naming Lawyer as Beneficiary
JULY 11, 2016 VOLUME 23 NUMBER 26 One principle governing lawyers is obviously and intuitively correct: A lawyer may not prepare a will or trust (or, for that matter, any other document or arrangement) by which a client makes any substantial gift to the lawyer. Similarly, lawyers are precluded from preparing documents giving or leaving […]
Handling Your Own Legal Work — Without a Lawyer
OCTOBER 12, 2015 VOLUME 22 NUMBER 37 Last week we wrote about when you might reasonably represent yourself — that is, when you might not need a lawyer for your legal work. We suggested that what lawyers do is not precisely brain surgery, and that reasonably intelligent, informed and diligent non-lawyers might well be able […]
When You Need to Talk With a Lawyer
OCTOBER 5, 2015 VOLUME 22 NUMBER 36 So often we field questions (on this website and in our practice) about whether people need to consult a lawyer. Unsurprisingly, perhaps, there is a terrific resistance to seeking legal advice. We lawyers don’t always help — our fees can be substantial, and unpredictable. We speak a language […]
Getting Ready for Your Appointment With the Lawyer
JULY 20, 2015 VOLUME 22 NUMBER 26 It was really hard to find the right estate planning attorney, but you’re confident you’ve made a good choice (and we’re glad it’s us). You’ve made the first appointment — it’s set for two weeks from today. You’ve gotten the questionnaire from the lawyer’s office, and it looks […]
Lessons From a Day in Probate Court
JULY 7, 2014 VOLUME 21 NUMBER 24 One day last week I found myself sitting in probate court, watching other cases get resolved while waiting for the Judge to get to my own cases. The matters I was listening to seemed to me to be instructive, and give me a chance to share some observations […]
Why Do I Need a Lawyer — Can’t I Write My Own Will?
OCTOBER 14, 2013 VOLUME 20 NUMBER 39 “My father hates, absolutely hates, lawyers,” a casual acquaintance tells us at a social gathering. “I know it’s a bad idea, but can’t he just write his own will?” Let’s get the answer out of the way right up front: yes, he can. And there’s a very high […]
Will Rejected in Illinois but Approved by Indiana Courts
JANUARY 30, 2012 VOLUME 19 NUMBER 4 We are frequently surprised by how much trouble people cause for their families and heirs by not taking simple steps to properly plan for their estates. One thread that often recurs involves a fear (or perhaps disapproval) of lawyers, leading to failure to get good legal advice about […]
Lawyer Suspended After Filing Guardianship Petition on Client
JUNE 22, 2009 VOLUME 16, NUMBER 45 A lawyer’s job is, of course, to help his or her client to accomplish the client’s goals. Sometimes, though, the client’s capacity may be diminished, and particularly in the elder law practice. What should the lawyer do when the client seems to be vulnerable to financial exploitation, or […]
Lawyer Who Drafted Contested Will Sued After Case Settles
NOVEMBER 27, 2006 VOLUME 14, NUMBER 22 Laura Carnese had suffered a stroke, and (as it turned out) had only a few weeks to live. A friend and relative by marriage, Charles Carnese, happened to be a lawyer; he arranged for a former associate, attorney Anthony J. Barker, to visit with Ms. Carnese and help […]
Attorney Prepares Will Leaving Client’s Estate to His Daughter
APRIL 24, 2006 VOLUME 13, NUMBER 43 Sarah Ann Ester Straw went to her lawyer, N. Frank Lanocha, to have a will prepared. According to Mr. Lanocha, she wanted to leave the bulk of her estate to the lawyer’s daughter, Teresa Lanocha-Sisson. He prepared a will that did exactly that—in fact, it left $1,000 to […]
Ward Should Be Allowed To Express Wishes, Hire Counsel
APRIL 11, 2005 VOLUME 12, NUMBER 41 When the legal system takes over decision-making and care of an incapacitated adult, there is a struggle between competing goals. It is important to provide adequate protection and supervision, but it is also important to maintain the ward’s personal autonomy and self-determination. It is often difficult to decide […]
