Legal Question in Wills and Trusts in California
firm question
Can a firm draw a trust and then upon decedent's death be hired by a beneficiary to enforce the trust provision?
Asked on 6/29/07, 2:39 pm
1 Answer from Attorneys
Jeb Burton
The Burton Law Firm
Re: firm question
Probably yes, the way you describe it. There might be more factors which could cause a problem, most likely it is completly acceptable because they are representing the interests of the testator as well (by enforcing their wishes). Now if for example it was an irrevocable trust, and the testator was still alive... if they were representing a party against the testator... that would most likely be a conflict of interest.
Answered on 6/29/07, 4:46 pm
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