Is there a difference between an attorney representing a Trust with "John Doe" as the trustee, as opposed to a Trust attorney representing "John Doe" as the Trustee for a Trust? If there is a difference, under which scenario would the attorney fees be paid from the Trust assets and what, specifically, would the Trust attorney's role be? If there is no difference, is it not the attorney's responsibility to aid and defend the Trustee in his/her capacity?
The attorney represents the trustee, not the trust. Yes, the attorney would defend the trustee and the attorney would be paid from the trust assets. The attorney would advise the trustee and make sure that the trustee properly administers the trust, to the extent possible.
Some of these duties are to give proper notice to the beneficiaries, to file any necessary paperwork with the court, to file ta returns, to advise the trustee with respect to management of the assets and distributions to beneficiaries.
This is a gross simplification, as there could be 50 different duties, depending on the situation. Acting as trustee is something you would seldom want to do without an attorney's assistance.
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