Question
Evelyn Ellerbe is a paralegal who works for an estate-planning lawyer, Timothy Taft.An elderly client, Sam Stone, comes in after his wife dies to have
Evelyn Ellerbe is a paralegal who works for an estate-planning lawyer, Timothy Taft.An elderly client, Sam Stone, comes in after his wife dies to have his will rewritten.It turns out that he is a neighbor of Evelyn, who takes a liking to Sam and begins to help him out by stopping by his house once or twice a week with groceries.After two years, during which Evelyn and Sam continue to be friends, Sam asks Timothy to rewrite his will for the purpose of leaving Evelyn half of his estate.
a. Is it ethical for Tim to draft Sam's will with this provision?
b. Is it ethical for Evelyn to assist in the preparation of the will?
c. If the will is challenged, what will the court consider in deciding whether to void the gift?
d. Would it make any difference to your answer if Sam had no other relatives?
e. Would it make any difference if Sam and Evelyn had a sexual relationship?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access with AI-Powered Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started