California | Wills and Trusts
Legal Question
I posted this conflict-of-interest question previously in the wrong category.
There are two wills, two trusts, and an attorney/ estate planner/ instrument drafter/ remainder beneficiary related to the settlors/ trustors. The attorney is named in the wills as executor; was named in one trust instrument as successor trustee, and was continuously trust attorney; became trustee of the other as soon as it was signed; and was named in both trusts as one of the remainder beneficiaries. Only he was present with the settlors/ trustors at the reading and signing of the instruments. A law firm partner served as notary.
Does another code forbid what the Probate Code does not? An inactive member of the California Bar keeps telling me one does, and insists that I need someone who specializes in malpractice rather than probate. The code section is not in any of the places where he told me to look. All I can find are Rule of Professional Conduct 3-300 and Magee v. State Bar.
The author went on to commit multiple breaches with both trusts. I am asking whether the role combination in itself broke any rules that can be enforced.
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