The above response does not seem to answer my question (question restated below). I don't have a problem with my sister taking my mother to an attorney friend, per se - the question is the insertion of the "whatever I tell myself clause" in an elderly person's will - a clause that could serve to empower the executor beneficiary to disinherit the other beneficiaries (without accountability). It was prima facie (I think that is the term) that my mother wanted others to inherit in addition to the executor beneficiary – the percentages were 1/3, 1/3, 1/6, 1nd 1/6. Was not the duty of the attorney to his client, my mother? Because the “whatever I tell myself” clause was a conflict of interest, was there a breach of his duty his client (my mother)? Should he have prepared a supporting document re the conflict of interest to be sure that my mother fully understood what she was signing?
HERE’S THE CLAUSE (with grammatical error and misspelling noted by “sic”): There errors give rise to the impression that the lawyer did not customarily employ this clause. My impression is that it was written by my sister and inserted at her request.
I have borrowed money from my daughter, XXX XXXX, during my life due to the fact that many of my assets were “tied up” and not easily accessible. If any of these loans remain unpaid at the time of my demise, then these loans shall be paid in full prior to any other distribution contemplated herein. My Executor may rely on a (sic) Affidavit (sic) of my daughter, xxx xxxx, as to the status of any loans contemplated herein and said Executor shall have no liability for the correctness of said Affadavit (sic).
MY QUESTION: Putting all of the background aside, does the insertion of this clause into the will give rise to a complaint against the attorney because his duty was to his client (my elderly mother)? WOULD HE BE ABLE TO EXPLAIN THIS TO THE BAR?
I guess what I am asking in the follow-up question is simply whether your previous response, that "...you may have action for fraud," still stands - given the further information/clarification that was shared. While I am not in a position to pursue such an action, I have a need to know. Does this help?
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