Legal Question in Wills and Trusts in California

Yes, as a client you need to understand the inherent conflict of interest between you and your spouse in the transmutation. Check out the rules of professional conduct on the state bar web site.

The attorney needs to get both spouses to sign a clear express waiver that discusses the nature of the conflict and advises the spouses of their rights to separate counsel.

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Sometimes this recognition of potential conflict is spelled out in the fee agreement between the attorney and the married couple. The fee agreement usually says that the attorney is representing them as to their shared common interests and goals, but that if they are different, each spouse should retain their own attorney. Don't recall any relevant code section, but I agree that this deals with conflict of interest, which is covered by the Rules of Professional Conduct.