My lawyer has been disbarred. Do I need to get my living trust rewritten?

Asked about 4 years ago - Inverness, FL

I'm 86 yrs old and had a living trust with my husband (now deceased). The lawyer who did this trust for us has recently been disbarred and arrested. I've contacted his office and been told I will received a letter in 2 to 3 weeks advising me that my file will either be passed on to another lawyer in Crystal River, or that I may pick up my file and choose my own lawyer. I will be selecting the 2nd option. However, I'm not sure that my current trust is now legal due to my lawyer's disbarment.

Attorney answers (3)

  1. Dan W. Armstrong

    Contributor Level 14


    Best Answer
    chosen by asker

    Answered . The disbarment of your attorney who created your Trust does not invalidate your Trust at all. I would suggest that you allow another new attorney review and suggest that you see an Elder Law attorney who focuses on trusts for clients of your generation who look at your estate holistically to protect you and your heirs.

    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
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  2. Ruth Elaine McMahon

    Contributor Level 18

    Answered . I think you are wise to pick up your file and choose your own lawyer. The disbarrment of your lawyer does not make your trust illegal. However, as a precaution, I suggest that you ask your new lawyer to review the trust to make sure that it meets your needs and that it was executed properly.

  3. Ayuban Antonio Tomas


    Contributor Level 20

    Answered . As the previous poster noted, your lawyer's disbarment does not invalidate your trust. However, since this lawyer prepared this trust and his competence has been called into question, it would be wise to at least have another attorney review the trust to make sure everything is kosher.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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