Legal Question in Appeals and Writs in North Carolina

WHAT IS THE LEAGEL RESPONSIBILTY OF A ATTORNEY DURING A AMENDMENT OF A TRUST a attorney rep a friend of mine in a amendment to a trust but did not discuss the b/c of the trust was this there resp.


Asked on 3/09/12, 4:23 am

1 Answer from Attorneys

I don't understand your question as phrased. It also doesn't belong in this category.

If the friend has a legal issue, the specifics of his/her issue cannot be discussed with you. Its not ethical as there are concerns about client confidentiality. Second, an attorney was involved and your friend, if he/she has concerns, should discuss this with the attorney who drafted the amendment.

I don't understand what the attorney was supposed to discuss. Assuming your friend made a trust was it revocable or irrevocable? An irrevocable trust cannot be changed. Most trusts are revocable and can be amended or revised.

Whoever made the trust is called the settlor or grantor of the trust. That is the person who has the authority to change it (assuming that the trust is revocable). I would assume that the settlor/grantor discussed the changes with the attorney and what the client wanted. How else would the attorney know what to change? If the amendment does not do what the settlor/grantor wants, then the attorney needs to fix it. Without reviewing the documents, I cannot express an opinion as to what or was not done. Obviously if the settlor/trustor is not happy with the amendment then he/she should not sign it and should discuss with the attorney. If the settlor/grantor still is not happy then he/she needs to get another attorney.

I don't know how you are related to this. If you are the beneficiary or if your friend was a beneficiary of the trust then any proposed changes did not have to be discussed with your friend. The beneficiary is not the person who made the trust and does not have to be advised that the settlor/grantor wants to change the trust.

If the settlor/grantor is no longer competent and a successor trustee has taken over, the trust generally cannot be changed, but it depends on what the trust language provides. Read the trust.

Read more
Answered on 3/09/12, 9:52 pm


Related Questions & Answers

More Appeals and Writs questions and answers in North Carolina