Legal Question in Wills and Trusts in Maryland

living trust & wills

My lawyer, a family friend, created a will and living trust for me. At the end of the document, he named himself as the person to handle my estate upon my death. Is this normal for a lawyer to do? Why is this part of my will? The document was drawn up in Maryland when I lived there. I now live in CA.


Asked on 1/26/09, 5:44 pm

4 Answers from Attorneys

Carter Ferrington Bar Adon Vogel PLLC

Re: living trust & wills

In Md, this person is called the Personal Representative. The Personal Representative may your attorney or any person you trust to best handle your estate. It's really up to you. Unless you're planning to return to Maryland in the near future, you'll likely want to consult an attorney licensed in California about drafting a new will which reflects your current state of residence and your current preferences.

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Answered on 1/26/09, 5:57 pm
Carter Ferrington Bar Adon Vogel PLLC

Re: living trust & wills

In Md, this person is called the Personal Representative. The Personal Representative may your attorney or any person you trust to best handle your estate. It's really up to you. Unless you're planning to return to Maryland in the near future, you'll likely want to consult an attorney licensed in California about drafting a new will which reflects your current state of residence and your current preferences.

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Answered on 1/26/09, 5:57 pm
Kai Wessels, Esq. Wessels Law Firm

Re: living trust & wills

In California it is not advisable for an attorney to name himself/herself as the executor or trustee of an estate. Further if you intend to stay in California, it is better that you have a California person residing near you who can better handle the estate matters. Lastly, California has community property laws, while Maryland does not. This, plus other issues, strongly indicate that you redo your will and trust so that it is takes advantage of California laws and avoids the burdens of an attorney and court trying to enforce estate planning documents under state laws (Maryland) with which they are not very familiar.

Let me know if I can be of further assistance.

Sincerely,

Kai H. Wessels, Esq.

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Answered on 1/26/09, 6:12 pm
Scott Linden Scott H. Linden, Esq.

Re: living trust & wills

NO, certainly not. The attorney should have asked who YOU wanted as executor, not just named himself. If this is a revocable trust, which I can only make the assumption that it is, then perhaps it is best for you to come in and draft a new Will and Trust and revoke the old one.

Our office specializes in wills and trusts and I am certain we can assist you.

If you would like assistance, please feel free to contact me at the email provided by LawGuru, or through our firm's site at No-Probate.com.

Scott

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Answered on 1/27/09, 3:06 pm


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