What are the duties of a trust attorney?

Asked almost 2 years ago - Brooksville, FL

there are only money assets and only family heirs are named as beneficiaries.

Attorney answers (3)

  1. Marcos P Martinez

    Contributor Level 13

    3

    Lawyers agree

    Answered . First and foremost, the duties will be laid on in the trust document itself. You should be sure to have the trustee review all duties so that he/she can be fully informed as to whether or not they choose to act as Trustee. Additionally, each state will have its own trust code that restricts, permits and/or obligates certain acts by the trustee. For Florida, the relevant section would be Chapter 736.

    As far as the beneficiaries being family, this is not likely to affect the duties of the trustee unless specifically laid out in the trust document. On the other hand, it may restrict certain activities for tax reasons, but you would need to consult a tax/trust attorney who could review the facts and the relevant trust documents to give you a more thorough explanation.

  2. Jeffrey Scott Goethe

    Contributor Level 13

    3

    Lawyers agree

    Answered . The Florida statutes provide guidelines for the compensation of the trustee's attorney. The statute lists the duties of the trustee's attorney for a rountine trust administration. The statute is section 736.1007. Subsection 4 lists the "ordinary services" an attorney would provide. It is surprising to most people because trusts are often marketed as the magic cure to avoiding probate. As the statute reflects, the trustee has substantial legal duties under the Florida Trust Code and these responsibilities justify legal representation.

    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not... more
  3. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

    Answered . Your question is not clear. Do you want to know how the attorney would be involved in helping the trustee? Or what tasks the attorney would be assisting with? The attorney represents the trustee and not the trust beneficiaries. If you are suggesting that the trustee does not NEED to have an attorney represent him or her, that *may* be the case. But the trustee is legally entitled to have legal representation, and the trustee can be personally liable for not complying with trust requirements. So this would be the trustee's decision.

    Generally speaking, if you are asking what the attorney would be good for, it is advising the trustee to make sure that all procedural requirements are handled timely and appropriately. Providing notices to beneficiaries, creditors and governmental authorities, would be one example. It is generally the case that attorneys do not need to be heavily involved in trust administration, and attorney services tend to be far less than those required by probate administration, for example.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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