American Prepaid Legal Service Institute

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Why Do Clients Still Worry About Escheat?

Well, first of all, I doubt our clients use or know the term, escheat, but it seems to me they still worry about it! Escheat is a common law doctrine that operates to ensure that property is not left in limbo and ownerless. At common law, and even today under exceptional circumstances, property not claimed or claimable by a decedents legatees, beneficiaries, or heirs, could find its way into the governments coffers.

I still hear clients say they want a will or trust so that the government does not get their property when they die. At that point I usually embark upon a 3 minute explanation of the law of intestate succession and explain that relatives you may have never met will get your property before the government does. Most clients are not so convinced, so I prepare their will and/or trust. The point is that many clients have ideas and notions that may be decades or centuries old that need updating and explaining. Enter the lawyer to help. Never presume that the client knows what you know, although some do their homework! Presume that the client needs an explanation of your services from the ground floor up. I feel most clients truly appreciate a little legal background about what you are doing for them. It instills confidence in them that you are meaningfully servicing their legal needs.

So, talk to the clients. Spend a little extra time finding out their concerns and worries. Sometimes they cannot even articulate well what troubles them. Address each one. Assure them that they have options and explain each. Professionally servicing the clients needs is one thing. Establishing confidence and a solid basis of trust is really another. And, in these economically challenging times, a client is more likely than not going to come back to YOU for additional legal services one day (which is what you want) if you have already established a trusting relationship wherein the client feels comfortable. Sounds simple, but may be often overlooked. Practicing law is a profession, but it is a business as well. Satisfied clients come back. Now, has anyone had to explain to a client the rule against perpetuities lately?