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Message
Southern law professor raises eyebrows by naming herself attorney in at least 11 wills
Posted on 9/4/17 at 9:03 pm
Posted on 9/4/17 at 9:03 pm
quote:
At least 11 wills that Southern University Law professor Dorothy Jackson drafted between 2013 and 2016 included a phrase in which she named herself as the attorney for the will's executor and the estate that a person was leaving behind, according to a report recently released by the university.
But that sort of language in a will is neither necessary, nor is it customary, according to LSU law professor Elizabeth Carter who specializes in successions, which is the process of settling a deceased person's estate and distributing the property after the bills are paid.
quote:
One of the wills in which Jackson named herself as attorney for the executor and estate was that of Helen Plummer, a will that has been cloaked in controversy in Baton Rouge.
The will for Plummer, who died in March, specified that Council on Aging CEO Tasha Clark-Amar was to pay herself $500 a month over 20 years to be the executor and trustee of Plummer's estate. Jackson, a Council on Aging board member and the head of Southern's Elder Law Clinic, wrote the will in 2016.
quote:
Jackson has been placed on administrative leave from Southern while the university's law center investigates her role in drafting the will. The Advocate and WBRZ sued Southern after the university refused to release an initial investigation into Jackson, and won the lawsuit and received the documents Aug. 28.
quote:
The dossier includes a letter from Virginia Listach, director of Clinical Legal Education, to Alfreda Diamond, vice chancellor of Institutional Development. Listach writes in the May 2 letter that 50 wills were drafted and the files on them were closed through the Elder Law Clinic between 2013 and 2016.
Of the 50 wills, 17 of them had not been placed in storage. When Listach reviewed those, she found that 11 of them appointed Jackson as their attorney. Only one of them — Plummer's — has been probated as a private case.
"When an attorney who prepares a will includes a provision designating himself as attorney for the estate after the client’s death, a number of challenging ethical and moral issues can arise — but the practice is not generally prohibited by the Louisiana Rules of Professional Conduct," Carter said. "These designations are quite uncommon in wills prepared by reputable lawyers who routinely practice in this field.
"Personally, I do not believe an attorney should ever include this type of provision unless the client specifically asks for it," Carter said.
This post was edited on 9/25/20 at 9:29 am
Posted on 9/4/17 at 9:04 pm to SPEEDY
not a smidgen of corruption
She be witchhunt
it's all a white supremecist conspiracy!
She be witchhunt
it's all a white supremecist conspiracy!
Posted on 9/4/17 at 9:05 pm to SPEEDY
Corruption
Corruption
Corruption
Corruption
Corruption
Posted on 9/4/17 at 9:06 pm to SPEEDY
Naming yourself as the attorney to execute the will is not a huge deal. I don't do it, but I've seen it done. It's not binding in any way on the executor/heirs, and that's one of the first things you learn in successions.
ETA: there are a lot of aspects about this situation that stink, but this is not one of them.
ETA: there are a lot of aspects about this situation that stink, but this is not one of them.
This post was edited on 9/4/17 at 9:27 pm
Posted on 9/4/17 at 9:08 pm to SPEEDY
Damn this stuff pisses me off.
These idiots should be in jail. Such sad excuses for human beings.
These idiots should be in jail. Such sad excuses for human beings.
This post was edited on 9/4/17 at 9:09 pm
Posted on 9/4/17 at 9:09 pm to TexasTiger89
Precatory. Any attorney worth a shite knows this. However, naming a buddy executor is highly unusual (unfortunately I have seen this).
Posted on 9/4/17 at 9:15 pm to SPEEDY
I don't understand the fine aspects of law to understand this. What are the implications of a lawyer stating that he or she was the lawyer in charge of executing wills?
Posted on 9/4/17 at 9:16 pm to SPEEDY
yet another example of why many people consider attorneys to be nothing more than parasites on our society....
Posted on 9/4/17 at 9:26 pm to SPEEDY
Need to get Jimmy McGill on this
Posted on 9/4/17 at 9:28 pm to SPEEDY
quote:
But that sort of language in a will is neither necessary, nor is it customary, according to LSU law professor Elizabeth Carter who specializes in successions, which is the process of settling a deceased person's estate and distributing the property after the bills are paid.
Clearly, Elizabeth Carter is a fricking racist.
Posted on 9/4/17 at 9:32 pm to saint tiger225
Is there anything in Louisiana that isn't corrupt?
Posted on 9/4/17 at 9:33 pm to SPEEDY
quote:
Jackson has been placed on administrative leave from Southern
Frees her up to accept a spot on SWB's staff. She will be a perfect fit
Posted on 9/4/17 at 9:33 pm to SPEEDY
I practice in this area. What she did is definitely scummy. But isn't uncommon nor unethical for attorneys to serve as executor/pr. Especially when you have elderly clients with no relatives/close friends
Posted on 9/4/17 at 9:37 pm to DeafJam73
There's nothing wrong with an attorney serving as executor if they can competently perform the duties and the client requests it. It doesn't happen every day, though. Most clients have family members or close friends they will nominate. Serving as executor for a high % of the will you draft is definitely fishy
Posted on 9/4/17 at 9:40 pm to TheOcean
What does she have to gain by baking herself the executor after the client's death?
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