Legal Question in Wills and Trusts in California

What are some conflict issues to keep in mind when doing estate planning for spouses. Could a lawyer do a transmutation agreement from wife to husband, and at the same time do the wife's trust?


Asked on 1/19/11, 4:31 pm

2 Answers from Attorneys
Michele Cusack Pollak & Cusack

at a seminar I attended, a prominent trust lawyer advised that his firm no longer does transmutation agreements for jointly represented spouses.

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Answered on 1/24/11, 4:41 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Ms. Cusack. Additionally, a lawyer would at least be ethically obligated to explain the conflict in writing, and require a written acknowledgement and waiver from both spouses.

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Answered on 1/26/11, 11:07 am


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