QUESTION
Who would be liable the attorney or the executor of the will if the attorney didn't draw up trust fund before handing out estate money?
Asked on Oct 18th, 2013 on Estate Planning - Colorado
6 ANSWERS
3 Awards
Your question is not clear. The Will and probate proceeding would need to be reviewed to determine if anyone acted in error or if there has been a discharge Without more facts it is impossible to answer your question. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship.
Answered on Oct 22nd, 2013 at 7:33 AM
2 Awards
More information is needed. Have the will/trust reviewed by an attorney. It sounds like it might be worth it at this point as things appear to have done wrong, regardless of fault, and fixing it should be the priority.
Answered on Oct 21st, 2013 at 2:01 PM
Business Planning Attorney serving Livonia, MI
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I am not sure either one would be liable. It might well be the obligation of the representative of the person accepting the funds, to set up the trust. The answer, however, depends on the facts.
Answered on Oct 21st, 2013 at 1:53 PM
Both could potentially be liable.
Answered on Oct 21st, 2013 at 12:35 PM
Commercial Contracts Attorney serving Boise, ID
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Sounds like it would be the executor by not requiring it to be done. Actually, if the trust is in the Will, then accounts need to be set up, etc. That is typically not the attorney's responsibility.
Answered on Oct 21st, 2013 at 11:59 AM
The only way this can be answered is to consult with an attorney specializing in trust and estate litigation.
Answered on Oct 21st, 2013 at 10:27 AM