Also known as: persons related to
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
An individual connected to a lawyer by blood, marriage, or a close familial relationship. The connection determines whether a lawyer may prepare an instrument conveying a substantial gift from a client.
An individual connected to a lawyer by blood, marriage, or a close familial relationship. The connection determines whether a lawyer may prepare an instrument conveying a substantial gift from a client.
Morgan directs Lena to draft a deed transferring a valuable duplex to an LLC owned by Lena's brother. Lena prepares and records the deed even though Morgan is unrelated to her or her brother. The transfer violates the rule because the recipient is a person related to the lawyer but not to the client.
A person connected to a designated individual by blood or marriage. The term excludes stepchildren, sons-in-law, daughters-in-law, and others related only by affinity when a donor uses the class gift term children.
A donor devises land to the children of a designated person. One beneficiary is the donor's stepchild. The stepchild receives nothing because the primary meaning of children excludes persons related only by affinity.
An individual or organization defined by statute as bearing a specified relationship to a secured party or debtor. The definition controls calculation of surplus or deficiency when collateral is disposed to the secured party or a related person.
The secured party may lack incentive to maximize proceeds. The statute therefore measures the deficiency or surplus against what a complying disposition to an unrelated transferee would have produced.
A person connected to a designated individual by blood or marriage. The term excludes stepchildren, sons-in-law, daughters-in-law, and others related only by affinity when a donor uses the class gift term children.
An individual or organization defined by statute as bearing a specified relationship to a secured party or debtor. The definition controls calculation of surplus or deficiency when collateral is disposed to the secured party or a related person.
Each sense below has its own examples, sources, and questions.
No. The rule prohibits preparation of the instrument whenever the recipient is related to the lawyer but not to the client. Client insistence supplies no exception.
Spouses, children, grandchildren, parents, grandparents, other relatives, and individuals with whom the lawyer or client maintains a close familial relationship qualify. Professional ties alone do not suffice.
No. The primary meaning excludes stepchildren and other persons related only by affinity absent contrary language or circumstances in the donative document.