Legal Question in Wills and Trusts in California
A Trustee uses the services of an attorney in the adminstration of a Trust following the passing of an individual. The attorney has stated the following to all beneficiaries of the Trust:
"Please remember that I represent only the Trustee and not any of you individually. Thus, I cannot give you legal advise concerning your interest as a beneficiary. If you have any questions generally concerning your rights and interests with respect to the Trust, please consult your own attorney"
If the Trustee gives the lawyer a document to review (example: a sales contract for the sale of a home that the Trust owns). Is the attorney reviewing that document soley for the protection and interest of the person / individual who is the Trustee and no other person associated with the Trust?
If so, who should pay for those services / review? The Trust or should the Trustee pay for these services themselves, out of their own money or portion of the inheritance.
Note: the Trustee is also a beneficiary of the Trust
Thank you for your answer
1 Answer from Attorneys
The attorney represents the trustee only as to the interests of the trust. If the trustee were accussed of wrong doing, he/she would proably have to hire their own attorney. So the present attorney reviews all documents to see that the trust is protected; thus, the trust must pay the attorney's charges.
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