Summary
Jurisdiction | Washington |
Chapter Details
Summary§2.1 | Introduction | ||
§2.2 | Who Is the Client?—Estate Planning | ||
(1) | Married Couple | ||
(2) | One Spouse | ||
(3) | Second-Marriage Situations | ||
(4) | "Separate Representations" | ||
(5) | Multiple Generations of the Same Family | ||
(6) | Nonclient Considerations | ||
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§2.3 | Who is the Client?—Probate and Trust Administration | ||
(1) | The Personal Representative, Trustee, and Cofiduciaries | ||
(2) | Estate Entity Representation | ||
(3) | Nonclient Considerations | ||
(4) | "Dual-Capacity" Representation | ||
(5) | Beneficiaries | ||
(6) | Creditors | ||
§2.4 | Ethical Considerations in Estate Planning, Probate, and Trust Administration | ||
(1) | Competence of Lawyer | ||
(2) | Competence of Client | ||
(a) | Testamentary Capacity | ||
(b) | Determining the Scope of the Lawyer's Duty | ||
(c) | Clients With Diminished Capacity | ||
(d) | Fiduciary Representation | ||
(3) | Confidentiality | ||
(a) | Estate Planning Representation | ||
(b) | Fiduciary Representation | ||
(4) | Conflicts of Interest in Estate Planning and Fiduciary Administration Practice | ||
(a) | Conflicts Arising in the Common Representation of Multiple Clients | ||
(b) | Former Clients | ||
(c) | Business and Personal Interests Conflicts | ||
(5) | Duties to Nonclients | ||
§2.5 | Client Communications | ||
(1) | Estate Planning Client | ||
(a) | Gathering Information | ||
(b) | Determination of Client's Wishes | ||
(c) | Effectuating the Plan | ||
(2) | Gathering Information for Probate and Trust Administration | ||
§2.6 | Engagement Nonengagement, and Termination Letters | ||
(1) | Engagement Letters | ||
(a) | Estate Planning | ||
(b) | Probate and Trust Administration | ||
(2) | Nonengagement/Termination Letters | ||
§2.7 | Forms and Checklists |
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Teresa R. Byers is a principal at Garvey Schubert Barer and the practice group leader for the firm's Trust and Estates practice. Her practice...
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