florida attorney

[daisyamy]

What is the name of your state? FL

A drafting attorney of an irrevocable trust is keeping silent about the trust, not saying either way about his knowledge or lack of knowledge about the trust. This is becaiuse there is a "conflict of interest" as he represents the PR who knows about the trust but is lying about it because of the life insurance company after a 1035 exchange put a wrong beneficiary. The others involved are beneficiaries of the estate and so what's the attorney to do LEGALLY? Doesn't the attorney have a FIDUCIARY DUTY to the beneficiaries to LET THEM KNOW THE DECEDENT'S WISHES WITH THE IRREVOABLE TRUST? How wwould e go about getting a copy of the trust or have him say soemthing about its existence?
Thanks

 

[Dandy Don]

The attorney who drafted the trust has no obligation to the beneficiaries, only to the person who hired him to draft the trust. Although I do agree it would be nice if he did provide the information as it would truly be helpful.

You need an attorney to request a copy of the trust on your behalf by sending a certified letter to the trustee, which trustee may or may not respond to, in which case your next step will be to file a lawsuit for breach of fidicuiary duty or whatever other charges he is guilty of after your attorney has discussed this beneficiary matter with the insurance company.

DANDY DON IN OKLAHOMA ([email protected])