While it may be permissible for an attorney to serve as they are still subject to many ethical rules. If the attorney violates any of these ethical rules, the beneficiaries of the trust may have a claim against them. If you are the beneficiary of a trust and suspect that the trustee is not acting fairly contact a San Diego trust attorney immediately for guidance.
What are the ethical rules that an attorney trustee must be wary of?
The following is a brief overview:
- The attorney owes a duty of fidelity to the client, which is the trust.
- Has a duty to avoid taking advantage of the client.
- Has a duty to provide services in the best interest of the client.
- Business dealings between the California trust attorney and the trust will be closely scrutinized. This is because the attorney stands to benefit by receiving compensation as trustee.
- Must act fairly.
- Still give the client disinterested advice despite his or her role as trustee.
- Must comply with California probate rules to avoid adverse interests.
To learn more and protect your legal interests as the beneficiary of a trust, contact an experienced California trust litigation attorney today. Call the Grossman Law Firm at (888) 443-6590.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307