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About Paul D. Friedman, M.A., Ph.D., J.D.
Expertise
I have been a practicing civil trial attorney since 1989 and have a master's degree in bioethics and a doctorate of philosophy in comparative ethics of law, medicine and business.

I am Certified as a Civil Trial Specialist by the National Board of Trial Advocacy and am Certified as a Specialist in Injury and Wrongful Death Litigation by the State Bar of Arizona Board of Legal Specialization.

I can answer questions dealing with general ethics principles, including legal ethics, medical ethics, bioethics and business ethics. I do not give legal advice over the internet.

For more information, you can view my website at WWW.EXPERTETHICS.COM



Experience
Experience in the area
I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.

Organizations belong to
State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court
American Bar Association
National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities
Kennedy Institute of Ethics
National Association of Realtors

Education/Credentials
Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004
Doctorate of Philosphy 2006

Awards and Honors
Phi Beta Kappa
Multiple Who's Who

Publications
A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
 
   

You are here:  Experts > Jobs/Careers > Lawyers > Legal Ethics > Wills and Probate

Legal Ethics - Wills and Probate


Expert: Paul D. Friedman, M.A., Ph.D., J.D. - 10/5/2009

Question
Fathers friend is an attorney who composed a new will for him 5 years ago while he was living with he and his wife. Father passed away approximately 2 months ago. Received copy of will which assigns Attorney as non-bonded Executor and Attorney. Will then states that attorney's wife is seen as his 7th child and will split estate with other children. This split is to occur only after a 2nd mortgage on attorney's house is forgiven, after a CD is given to the attorney's wife and after the majority of valuable household items are otherwise bequeathed to he or his wife. No special provisions are made for any of the " true children". The lawyer refuses to answer as to the worth of the mortgage or CD. The attorney refuses to answer our telephone calls or our written request. An In Terrorem clause is included. We are all to frightened to contest and besides none of us really has any money with loss of  jobs etc. We are afraid of this man, he has conections. I feel he abused my dads trust and is now abusing and in a way threatening us. Live in NJ

Answer
Pat,

The facts you state are really problematic.  In most, if not all, jurisdictions an attorney is precluded from drafting a will which provides benefit for the attorney as a beneficiary. As the Executor, he has a responsibility to provide the beneficiaries and the Court with an accounting.

I strongly suggest you contact a probate attorney.  If you feel this attorney is that powerful, contact a probate attorney in a different location.  

I also suggest you may wish to contact the State Bar.  This strongly suggests an ethical violation and hopefully the State Bar will look into that aspect.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.

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