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Ethic - Revocable Trust Setup

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C

CityGal

Guest
What is the name of your state?What is the name of your state? Oklahoma

I am in the middle of setting up a Revoable Trust, for myself,
and the Attorney I am using, has inserted hiimself, and his
company, into my Trust, every change he gets. Example:
My Health Proxy, after mentioning my adult childern, he also
inserted himself, his company, and any employees of his company,
to also be notified when I take a turn for the worst or die.

Another Example:
When setting up the Successor Trustees, after naming my three
adult Children, in my chosen order, he added a fourth Successor Trustee,
himself & his Company, then he also named a fifth Successor Trustee
being any bank in my state (his office is in a bank buliding). Yes, I
am able to correct this draft, but I find this very odd, and down right
upsetting and underhanded, since he did NOT ask my permission to insert
himself or his company.

1. Is this usual practice, for an Estate Planner Attorney, to assume he
will be notified, when you get sick, and at the time of your death?

2. Is this usual practrice, for an Estate Planner Attorney, to assume
and insert himself and his company, as one of the Successor Trustees,
in case the former Successor Trustees are unable or unwilling, to do their
Successor Duties?

I have signed zero papers with this Attorney, altho I have paid down a
large retainer fee, about half of what he stated this would cost me.

Thank you,
 
Last edited:


ALawyer

Senior Member
It is not normal in my states for lawyers to name themselves to a position of resonsibility in trusts or wills they draft, and it is improper in one state. Naming a bank as a last resort in case no one else you name is around does make sense as otherwise the court will have to pick someone -- usually a crony -- or the bank -- the judge's party's biggest contributor.
 

Dandy Don

Senior Member
This is unethical conduct. Ask him to correct the documents the way you originally wanted them done, and then cut your losses by finding another attorney. Ask for a refund, and then after you have gotten the refund, file a complaint against him with the local bar association. He might even be guilty of malpractice, but unless you want the expense of a costly lawsuit, you shouldn't go in that direction.

DANDY DON IN OKLAHOMA ([email protected])
 

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