QUESTION
Your mother’s neighbor retains you to prepare her will. Although your mother assists the neighbor from time to time, they are not particularly close. When you first meet with your new client you are told that she has no family and wants to leave her entire estate to your mother. You should:
A. Prepare the will if your client acknowledges under oath that the decision to leave her estate to your mother was her idea and not a result of your influence.
B. Decline to prepare the will.
C. Decline to prepare the will until the client is determined to be mentally competent by a qualified medical professional.
D. Both A & C.
ANSWER B.
A lawyer may not prepare a will for a client that gives the lawyer or a person related to the lawyer a substantial gift, unless the lawyer or other recipient of the gift is related to the client. Related persons include a spouse, child, grandchild, parent, grandparent or other relative or individual with whom the lawyer or the client maintains a close, familial relationship. Nebraska Court Rule of Professional Conduct §3-501.8(c).
Prepared by the Counsel for Discipline of the Nebraska Supreme Court. If you have a question about your ethical responsibilities, contact the Office of the Counsel for Discipline at 402-471-1040 or 877-504-0967.