Legal Question in Wills and Trusts in California

Family Trusts

Can a son who is a lawyer in Calif. write a trust for is father living in Fl? If so does it have to be signed by the lawyer/son or just a Fl. Notary Public? Also does a family trust have to be filed in a Fl. Court? Should all schedules of the trust be attached to the trust and signed by the father who is the trustee? Also the son is NOT an estate lawyer.


Asked on 7/19/03, 9:42 am

1 Answer from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Family Trusts

You know after reading your question I have more questions than you do. Basically and try to figure out cool you are in all of this I think I have as if I'm watching PBS mystery. I really would be interested in knowing what you're "ulterior motive" is in this scenario. I do not say that negatively or derogatorily. Even though he is a California lawyer and not an estate specialist the sunken right away or trust for the father at any point in time. It depends on the law of the state as to whether there is a conflict of interest. In that would be the law of Florida. The trust must take into consideration the state law on behalf and estate planning but it is really more of a federal law situation in most states. As to the notarization that's easy, one notary in California notorizes the sun's signature if necessary and another notary in Florida notorizes the father's signature. Basically I figured that you are any sister or brother of the California attorney and have been left out of the trust in some way. I have numerous questions as to the status of this matter and more importantly I'm not sure if you need a California lawyer or a Florida lawyer. If you would contact me please e-mail me at any point time so that I could answer any specific questions you have peripherally and give you advice that would be specific to your problem, whenever that maybe.

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Answered on 7/19/03, 2:03 pm


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