A corporate trustee is acting on my behalf as beneficiary

Asked almost 2 years ago - Los Angeles, CA

There are attorneys at this trust company. Would there ever be a need for them to talk to the attorney who made up the trust? And, if so, wouldn't the trust itselfpay for that attorney's fees? Thank you.

Attorney answers (3)

  1. Michael Raymond Daymude

    Contributor Level 20

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    Lawyers agree

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    Answered . As in most things in the law the answer is: It depends.

    1) Would there ever be a need for them to talk to the attorney who made up the trust? Perhaps. In defending a contest, for example, I think the trustee’s attorney would communicate with the attorney who drafted the trust. There are many other circumstances where I can envision such a communication.

    2) If so, wouldn't the trust itself pay for that attorney's fees? The attorney's fees of the trustee, as well as the trustee fees themselves, are paid from the trust. Still, there may be provisions in the declaration of trust that alter this result in any particular circumstance. And, the probate court has jurisdiction in all matters concerning the affairs of the trust -- so there are circumstances where any particular beneficiary may have his share of the trust reduced because of attorney’s fees the trustee's have necessarily incurred on behalf of the trust – such as where a beneficiary files an unsuccessful petition to remove the trustee.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Thomas Anthony Schaeffer

    Contributor Level 14

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    Lawyers agree

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    Answered . Agreed.

    Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.... more
  3. Bert Z. Tigerman

    Contributor Level 16

    2

    Lawyers agree

    1

    Answered . The lawyer for the trust company is the trustee's lawyer - not your lawyer. In issues involving trust administration the trust company's lawyer would be in a conflict of interest if he/she also advised you. On matters not involving the trust administration (e.g. taxes, etc.) generally the trust company lawyers are not available (they are not in private practice). If you have a good opinion about the lawyer who drafted the trust I would recommend you consult with that lawyer on all trust involved matters.

    DISCLAIMER: The response herein is not legal advice and does not create an attorney/client relationship or any... more

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