Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Monday, September 10, 2012

Some Couples Might Need Separate Lawyers

TrustsWhile a good number of couples will likely want to plan their estate plan together with only one lawyer, that might not be possible in some circumstances or a good idea in other circumstances. The following are a few situations where that might occur:

  • If the clients have a blended family where the couple has children from a different marriage, then the both parents might want to obtain separate lawyers. To ensure that the children of each spouse receives the inheritance that their parent wanted them to receive, that parent might want to create an estate plan separate from the other spouse. In that case, the parent would need a separate lawyer.
  • A client might also need a separate lawyer if the client is seeking a prenuptial agreement.
  • There are also certain groups of people that might want to strongly consider obtaining separate lawyers because these people are not married or cannot get married, as in the case of LGBT couples. These couples need more attention because of their non-martial status.
  • A person might also want to consider obtaining the services of a separate attorney if there is a dispute over the ownership of the assets of the couple.

See Timothy P. Murphy, Couples May Need Different Lawyers When Making Their Estate Plans, Estate Planning Counselors, LLP, Sept. 8, 2012.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.


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Thank you for posting. ISBA Mutual, the malpractice provider for Illinois State Bar Association members, has been recommending such a cautionary statement to be included even in "routine" estate planning situations.

Posted by: Brian J. Cohan | Sep 10, 2012 10:03:15 AM

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