Legal Question in Wills and Trusts in California
I am in the process of preparing a DIY will for a friend who is in poor health. My friend is also in the midst of a medical malpractice suit, and the attorney representing him in this matter is confident of a favorable and sizable outcome. Is there specific language necessary in the will to provide for the dispensation of the settlement funds should my friend die prior to the conclusion of the case? Or, as I am not an attorney, am I just way in over my head on this one?
6 Answers from Attorneys
Aside from the fact you don't know what you're
doing, you're practicing law without a license (a misdemeanor).
You friend should go to a lawyer who practices in the area of estate planning, or if she cannot afford one, should use a California Statutory Will form.
If your friend dies before the verdict, the pain and suffering damages alleged also disappear.
Mr. Stone is right. Not only are you in over your head, you are committing a crime, and if you screw things up, your friend's heirs may be able to sue you. Get your friend to an estate planning lawyer.
Mr. Stone and Mr. McCormick are correct. If your friend is mentally/legally competent, he or she can prepare and execute his/her own will but you cannot do it for him or her. As has been said, by preparing the will on behalf or your friend, you are practicing law without a license. Your friend should, at the very least, consult with an estate planning attorney regarding the best estate planning options. There are a lot of things to consider here, particularly in light of your friend's malpractice case. A will and/or trust prepared by a lawyer is money well spent.