That is partially correct. Some parents do have their adult children meet with them and their attorneys but it is not required. It is the client's decision whether to have a third party in a meeting with an attorney. If your mother brings you into the meeting she has no confidentiality concerning whatever is discussed while you are present. Her attorney may have advised her, for whatever reason, that she should not give up that confidentiality. Whether she executes a will or a trust is really her decision to make. As a successor trustee you don't actually have a role until the trustee(s) before you either die or resign. I assume your mother named herself as initial trustee. You don't mention if there is someone else in line before you as successor. But regardless, a successor has to wait for his/her turn. That said, as a practical matter, I advise clients to talk to those who they name to such roles to be sure they are willing to accept the role. And clients are free to show their will or trust to whoever they want. But that doesn't mean they have to meet with me.
Answered on Dec 03rd, 2014 at 9:28 AM