Legal Question in Legal Ethics in California

My question involves two wills and two trusts, an attorney, and conflict of interest.

There were two settlor/ trustors. One had impaired eyesight. Both were weakened by health problems. They signed approximately 60 pages of normal-sized print in one day. Only the attorney was present with them at the reading and signing of the trust instruments. A law firm partner

served as notary. Neighbors who were close in age to the s/ t's signed as witnesses to the signing of the wills.

The attorney provided the estate planning advice and drafted the instruments; was 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.

The lawyer, as a blood relative of the s/ t's, did not in the behavior described above violate the California Probate Code. A member of the State Bar told me the lawyer did commit a serious violation of professional ethics. I could not find it specified in a California code. Did I miss it? Do you agree with my informant?

The lawyer went on to commit many breaches of trust, but I am asking whether the role combination in itself broke any rules that can be enforced.


Asked on 12/06/11, 5:53 pm

1 Answer from Attorneys

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=21001-22000&file=21350-21356

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Answered on 12/06/11, 10:12 pm


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