Can a MA lawyer write a trust for an out of state resident, if the out of state resident goes to their office?
3 Answers from Attorneys
Yes, but the Massachusetts attorney will have to make sure the trust he creates is compliant with the other state's laws.
It is not so much a question of whether they can as whether it is appropriate. There are all sorts of situations where it might make sense, and other situations where it wouldn't. This is not a simple question, because we don't know what the purpose of the trust is, what assets are intended to be placed into the trust, whether the particular purposes of the trust can be addressed by a trust valid in multiple states... etcetera. Trusts from one state and real estate from another don't always "interact" as one might expect, for example.
A short simple answer is, "perhaps." Or, "maybe yes, maybe no."
It sounds like you want to undo this document. From the little you described and not knowing the nature of the discussion between this person and the lawyer, it is unlikely that it would be turned down/