Wills, Trusts & Estates Prof Blog

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

Wednesday, August 14, 2019

Article on Knocking on Heaven's Door: Ending the Ban on Live Person-to-Person Solicitation to Close the Racial Estate-Planning Gap

KnockingDiane Klein recently published an Article entitled, Knocking on Heaven's Door: Ending the Ban on Live Person-to-Person Solicitation to Close the Racial Estate-Planning Gap, Wills, Trusts, & Estates Law eJournal (2019). Provided below is an abstract of the Article.

The well-documented and persistent racial wealth gap, together with the other barriers, has created a predictably racialized estate-planning gap, with damaging consequences in communities of color. Despite Anglo-American law’s strong and oft-expressed preference for testacy, a formal legal commitment to enabling those competent persons who wish to control the devolution of their property upon death to do so, and a rule of professional responsibility banning conduct with a discriminatory impact, the profession continues to burden itself with a rule that virtually ensures that (especially poor) people of color do not benefit from estate-planning as much as they might. This Article proposes a modification of Model Rule 7.3(b), to lift the solicitation ban as it applies to competent, non-dependent adults to whom non-litigation estate-planning services are offered, and from whom informed consent, confirmed in writing, is obtained for any resulting legal services. It is a clear, practical step that balances legitimate concerns about protecting vulnerable clients with the need for access to estate-planning services.

https://lawprofessors.typepad.com/trusts_estates_prof/2019/08/article-on--3.html

Articles, Current Affairs, Estate Planning - Generally, New Legislation, Trusts, Wills | Permalink

Comments

Will poor people of color be able to afford the estate planning services being offered to them?

Posted by: JLM | Aug 16, 2019 7:25:57 PM

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