Often people will want to do things with their trusts that are improper or just a bad idea in general. They should listen to their attorneys, when they are told they should not do whatever it is that they want to do.
When people decide to get trusts, many of them have a fairly good idea about what they want to do with the trust and how they want it organized. People who have thought about why they want a trust, tend to have specific reasons for getting one.
It is not unusual for someone to walk into a meeting with an attorney and have a detailed plan for their trusts. However, it is also not unusual for the attorney to say that no they cannot or should not do everything they want to do with their trusts.
This can lead to problems between the client and attorney.
In this case, the clients should listen to the attorneys as the Wills, Trusts & Estates Prof Blog discusses in “Article on Client Dilemma — Whom Can I Trust?”
Trust law is very complicated.
For trusts to work, the language used in the trust documents must be very specific and in accordance with what is legally allowed in the state that will govern the trust agreement. What often happens is that people want to do something with their trusts that the attorney knows is not a good idea for legal reasons.
The attorney is simply trying to save the client future legal problems.
Of course, people can sidestep an attorney today and create their own trusts by editing some downloaded forms. If they do that, they can do what they want with their trusts, but they cannot be certain that what they want to do is legal.
Reference: Wills, Trusts & Estates Prof Blog (July 16, 2017) “Article on Client Dilemma — Whom Can I Trust?”
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