Estate planning can be complicated enough, but some clients push the limits with requests that are legally impossible, impractical or just plain risky. Estate planning attorneys have a professional duty to advise clients and, sometimes, to say “no.” And when they do, it’s not rejection – it’s protection.
Requests the law won’t allow. Take one real example: A client asked to completely disinherit a surviving spouse in a community property state. That’s not legally possible; state law protects certain beneficiaries no matter the decedent’s wishes. Another client tried to dictate how their grandchildren would spend their inheritance, including where they could live and whom they could marry. Courts generally refuse to enforce conditions that restrict personal freedoms, making these requests unworkable.
When logistics get in the way. Not all impossible requests are illegal; some are just unworkable. A client might insist that every decision about their estate require unanimous consent from dozens of heirs. Or they might want property divided into hundreds of tiny fractions. Even with the best intentions, these requests can make administration nearly impossible. Attorneys can outline preferences, but they cannot guarantee outcomes that are impractical.
Requests that cross legal or ethical lines. Some clients ask attorneys to hide assets, create fraudulent trusts or structure transfers to avoid taxes. Attorneys cannot participate in illegal activity. Similarly, overly restrictive instructions extending decades into the future, like controlling how heirs use property for generations, can be struck down by courts for being too impractical to enforce.
Understanding the limits. Other requests come from misunderstandings about the law. Clients may hope to avoid probate entirely when it is required, or to control beneficiaries’ lives in ways that are unenforceable. In these cases, attorneys must explain why the requests are impossible and help clients find legal alternatives that achieve their goals.
The attorney’s role: problem-solver, not magician. Despite these challenges, attorneys are not just gatekeepers, they are problem-solvers. Their job is to balance a client’s wishes with legal and practical realities, offering creative solutions within the bounds of the law. Even if a request cannot be fulfilled exactly as imagined, thoughtful planning can often achieve the spirit of the client’s intent.
For anyone considering an estate plan, the lesson is clear: Not every wish can be honored exactly, but a skilled attorney can help you protect your family and assets in safe, enforceable ways. When a lawyer says a request is impossible, it’s not a rejection – it’s a safeguard to ensure your estate plan actually works as intended.
Send your questions to ccolan@colanlegal.com and use “Alpine Mountaineer estate planning question” as the subject. We’ll answer your questions in our upcoming issues.
This article is provided by your local estate planning attorney, Corina Colan. The Law Office of Corina I. Colan / (909) 265-3315 / www.colanlegal.com
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