Legal Question in Wills and Trusts in California
The Trustee of a Trust selects and uses the services of an attorney who sends a copy of the Trust document and a 1.5 page letter outlining the administration of the Trust. In that letter the attornery closes with the following statement:
"Please remember that I represent only the Trustee and not any of you individually. Thus, I cannot give you legal advise concerning your interest as a beneficiary. If you have any questions generally concerning your rights and interests with respect to the Trust, please consult your own attorney"
Is the lawyer saying that they represent ONLY the individual person who is the Trustee of the Trust and that all documents and services rendered will be soley for the protection and interest of that individual alone (who is the Trustee of the Trust) and no other person or persons who are included as beneficiaries or that comprise of the Trust?
Thank you for your time and response
1 Answer from Attorneys
That is what the attorney is saying, which does outline the normal attorney/client relationship. He/she must still advise the Trustee that the Trustee's actions must be in the best interests of the beneficiaries, but if you're uncertain about some of the Trustee's actions or have questions, you should ask your own attorney rather than the Trustee's, as the Trustee's attorney's obligation can only be to the Trustee.
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