Legal Question in Legal Malpractice in Utah

lawyer or trustee

If a lawyer is a trustee on a trust and the person that began the trust dies and the trust splits into a family and marital trust does the lawyer/trustee become a lawyer for the spouse and child or is he just a trustee. He is the only trustee on the trust as of now, the other two drop off. So far we think that he would have been a lawyer for the person he wrote the trust for but that person died so what happeneds to the responsibilty of the lawyer inquestion.


Asked on 1/29/03, 9:20 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: lawyer or trustee

The lawyer-trustee has a fiduciary responsibility to each of the beneficiaries. A fiduciary responsibility is the highest degree of responsbility in regards to his actions and accountability. He does not represent any party, unless he is separately retained. Although he should not represent anyone involved in the trust, since that could be a conflict of interest. His duty is to the trust and the beneficiaries. He always has a responsbilitiy to have done his best for the creator of the trust.

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Answered on 1/30/03, 9:26 pm


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