My father died while fighting for a black lung claim. The lawyer handling that claim told mother to get a trust set up for payment to be made upon winning case. Different lawyer hired for that. The lawyer handling the trust has suggested making mother and himself administrators of trust. That is upsetting to the family. My question is should a lawyer ever be made administrator of a small estate case such as this?
1 Answer from Attorneys
Hello and thank you for choosing LawGuru!
It is relatively common for an attorney to be trustee or co-trustee for a trust. This is because trust administration can be more complicated. It is even common for attorneys to be named administrators or executors of estates. While it is common for lawyers to be named trustees to administer trusts, if your mother is uncomfortable with naming the lawyer as such then she should get an explanation for why the lawyer has suggested that. Get the explanation in writing if there are any doubts.
I hope this has helped and I wish you all the best!