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attorney conflict of interest ????

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garygoldberg

Guest
What is the name of your state? Florida
My aunt recently passed away in florida and named me in her will as the beneficiary of any assets left over after all others have been paid.
My elderly aunt was befriended by her attorney with countless lunches and visits. This attorney drew my aunt's various wills over a period of 8 years. This attorney was left with a sizeable amount of money in the form of a bank account naming her as the beneficiary. Is there a legal or moral problem with an attorney befriending an elderly person, drawing up her wills, and ending up as a beneficiary????
 
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divgradcurl

Senior Member
"Is there a legal or moral problem with an attorney befriending an elderly person, drawing up her wills, and ending up as a beneficiary????"

In general, yes.

"(c) Gifts to Lawyer or Lawyer’s Family. A lawyer shall not prepare an instrument giving the lawyer or a person related to the lawyer as parent, child, sibling, or spouse any substantial gift from a client, including a testamentary gift, except where the client is related to the donee."

Florida Rules of Professional Conduct Rule 4-1.8 Conflict Of Interest; Prohibited And Other Transactions

http://www.flabar.org/divexe/rrtfb.nsf/8bf68c7a6fda323085256bc800648cce/440d7aaa027bd6c585256bbc004bd9ef?OpenDocument

You could contact the Florida State Bar to discuss how to proceed.
 

HomeGuru

Senior Member
garygoldberg said:
What is the name of your state? Florida
My aunt recently passed away in florida and named me in her will as the beneficiary of any assets left over after all others have been paid.
My elderly aunt was befriended by her attorney with countless lunches and visits. This attorney drew my aunt's various wills over a period of 8 years. This attorney was left with a sizeable amount of money in the form of a bank account naming her as the beneficiary. Is there a legal or moral problem with an attorney befriending an elderly person, drawing up her wills, and ending up as a beneficiary????
**A: yes, I see a problem.
 

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