Writing wills for family members — just say “no”?

Relatives often ask for legal services, especially those involving estate planning such as the drafting of a will, trust, power of attorney, or living will.

Should you agree even after the emotional pressure and guilt that some family members, such as parents, are able to exert?

Under most states’ ethical rules, you may write estate planning documents for close relatives even if you are named as a beneficiary.  Of course, if you are getting a “better deal” than similarly related individuals, you are setting yourself up for big trouble down the road.

Even in a situation which is unlikely to cause controversy, however, you may nonetheless be wise to adopt the “cocaine rule,” that is, “Just say no.”

The reasons behind the wisdom of refusing are set forth in Helen W. Gunnarsson, My Mother, My Client, 96 Ill. B.J. 344 (2008):

• Difficulty being objective and honest.
• Risk of being lured outside your expertise.
• Fear that providing services at a discounted fee will result in less effort.
• Excess expenditure of time.
• Potential of problems for attorneys practicing with a law firm.