Question

You are an attorney who specializes in estate planning. Your elderly client calls you to come to her home so she can make a change to her will. She has a large estate, but her husband has died and she has no children or other relatives. Her existing will leaves some money to her household employees and to a few charities she supports. But most of the money is to be used to build a much-needed community service center in your town. She often finds a new charity or has a new employee to be added to the will, so you are not surprised when she calls to make a change.

When you arrive at her home, you are shown to her bedroom, to which she is now confined due to frail health. She is happy to see you, and introduces you to her kitten, Fluffy. A few months ago, when she was still able to leave the house, she attended a charity event at the local Humane Society, and when she saw Fluffy there, she brought him home with her. Fluffy is her main joy and constant companion.

She then tells you the reason for her call. She has come to realize that Fluffy is a very young cat, and she is a very old woman. She worries about what will happen to Fluffy when she dies. So she wants to change her will as follows:

All the small bequests to charities and employees will remain the same. But the money that was to be used for the community service center will now be held in trust for Fluffy. Fluffy will remain in her home with someone paid to care for him for the remainder of his life. Then, when Fluffy dies, the remaining money can be used for the community service center.

Even though you think it is silly to leave all that money to a cat, you comply with your client's wishes and make the necessary changes. Then you go home for the weekend. On Sunday, you find out that your elderly client died on Saturday. No one knows about the changes to the will which you still have in your briefcase. Will you

1) burn the changes and start the legal proceedings to get the community service center built? - or

2) honor the changes and set things up for Fluffy?

Choose one of these answers and explain your reasoning in a paragraph or two.

Answer 1

Sol.

As per the client's perspective, the attorney should present the updated will because it is the client's rights and her choice who will be her beneficiaries after his death and she have the right for the care and support of her pet after his death. In comparison to the previous will, there is not a big change in the fresh will. As per the previous will, after the death of the client, the money will be transferred to the community service center but according to the new will, the money will be transfer to the community service center after the death of client pet Fluffy.

But her trustee should be loyal to her pet because pets can't complain about mistreatment, abuse, or neglect, or monitor or report misuse of trust assets. In states where the trustee has not bound the terms of your trust, nothing may stop your trustee from simply pocketing the money.

Thus, the attorney should honor the changes and set things up for Fluffy.