Advisory Opinion: 1070

Year Issued: 1987

RPC(s):

Subject: Interspousal transfers; participation in fraudulent conduct

Your inquiry concerns the propriety of a lawyer advising a client to participate in interspousal transfers of property to protect assets. Without expressing a legal opinion, the Committee was advised that Washington law expressly allows interspousal transfers without affecting an individual's right to receive Medicare benefits. Therefore, the Committee was of the opinion that advising such transfers would not constitute participation in fraudulent conduct by a lawyer. The Committee suggested that you review the law.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.