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...