Law Office of Richard M. Russell
197 Palmer Avenue
Falmouth, Massachusetts 02540
508.457.7557

This site does not provide legal advice. Please visit the Law Office of Richard M. Russell for information specific to your circumstances.

SITE DIRECTORY

Estate Planning for Husbands and Wives

estate planning for married and other couples Falmouth, MA
While it is common for one attorney to represent both members of a couple in planning their estates, the couple should be aware that it is possible that a conflict could arise during representation: When one attorney represents both (or more) parties to a matter, all information obtained by the attorney will or may be shared with each party the attorney represents in the same matter. Essentially, nothing shared with the attorney should be considered a secret from any other party the attorney represents in the matter. Ordinarily the attorney will apprise the couple at the outset of representation of the possibility of a conflict of interest and the parties must agree to proceed despite the future possibility of a conflict. Also, the attorney must conclude that joint representation will not adversely affect his or her relationship with either client. Usually the interests of a couple in planning their estates are sufficiently aligned to make joint representation appropriate. If, however, either party or the attorney later concludes that a conflict does or may come to exist, the attorney must cease representing the couple and either party.