Contingent Beneficiary Designation Draws Reprimand

A summary of a recent public reprimand on the web page of the Massachusetts Board of Bar Examiners

In 2011, the respondent began representing a client in matters related to real estate and estate planning. Over the years, the respondent and his son became close friends with the client. In 2015, the client retained the respondent to revise his estate plan to include a will and trust. The respondent accordingly drafted the client’s will and trust.

As requested by his client, the respondent included his own son as a successor beneficiary of the trust in the event that the client’s daughter pre-deceased the client or was otherwise ineligible to receive the trust assets under the terms of the trust. The client wanted the respondent’s son to be the beneficiary in the event that his own family members could not receive the trust assets.

The client died in August of 2018. At the time of the client’s death, the trust held approximately $431,000. The client’s daughter was alive and eligible to receive the trust assets pursuant to the terms of the trust. Because the client’s daughter was eligible to receive the trust assets, the respondent’s son did not receive any funds from the trust as a successor beneficiary.

By preparing a trust instrument for a client that potentially provided a substantial gift to the respondent’s son, the respondent violated Mass. R. Prof. C. 1.8(c).

The respondent was admitted to practice in 1995 and had no prior disciplinary history.

(Mike Frisch)