Myth #5: Lawyer for Trustor Represents the “Trust” or “Family”

Myth: A common misconception in trust and estate administration is the belief that the lawyer who represented the late trustor (the person who created the trust) automatically represents the trust itself or the trustor’s family after the trustor’s death. Many people assume that this attorney always has an ongoing role as a legal representative for the trust, its beneficiaries, and/or the family members involved. The lawyer will meet with several of the surviving family members, and help them all with the post-death trust administration process.

Movies:

1. Knives Out (2019) 
2. The Grand Budapest Hotel (2014) 
3. Brewster’s Millions (1985) 
4. The Bachelor (1999) 
5. Greedy (1994)

TV Shows:

1. The Simpsons, Season 5, Episode 18 – “Burns’ Heir”
2. The Simpsons, Season 22, Episode 11 – “Flaming Moe”
3. Dallas, Season 14, Episode 22 – “Conundrum”
4. Columbo, Season 1, Episode 4 – “Suitable for Framing”
5. Family Guy, Season 10, Episode 10 — “Quagmire and Meg”

Sources: Why the Myth Exists?

1. Continuity of Relationship: Families often see the trustor’s lawyer as a “family lawyer,” especially if they worked closely with the trustor over many years. This familiarity can create the assumption that the lawyer’s role continues automatically after the trustor’s death.
2. Misunderstanding the Lawyer’s Role:  People frequently confuse the role of an estate planning attorney (who helps draft trusts and legal documents) with that of an attorney for the trust or trustees after the trustor passes away.
3. Media and Pop Culture Influence: Movies and TV shows often portray a single lawyer managing everything after a person dies—handling the will, overseeing the trust, and advising family members—creating the false impression that the lawyer represents everyone involved.
4. Assumptions About Legal Representation: Family members may assume that because the lawyer knew the trustor’s wishes, they are supposed to represent the trustor’s intentions or family interests moving forward. This confuses personal relationships with legal representation.

Reality: The Lawyer Typically Represented the Trustor, Not the Trust or Family

• The Attorney-Client Relationship Was with the Trustor:
  • Primary Duty: The lawyer’s duty was to the trustor, not to the trust itself, the trustee, or the beneficiaries.
  • Termination of Relationship: When the trustor dies, the attorney-client relationship ends, along with the lawyer’s legal obligations to the trustor.

• Trusts Are Legal Entities, but Not Clients: A trust is a legal arrangement, not a person or entity capable of hiring a lawyer. Instead:
  • The trustee—the person managing the trust—may choose to hire an attorney to assist with trust administration.
  • The attorney then represents the trustee in their fiduciary capacity, not the trust itself.

• The Lawyer Does NOT Automatically Represent the Family or Beneficiaries:
  • No Duty to the Family: The attorney owes no legal duty to the beneficiaries or family members unless a new attorney-client relationship is established.
  • Potential Conflicts of Interest: The lawyer cannot represent multiple parties (e.g., the trustee and a beneficiary) if doing so would create a conflict of interest. Joint representation of all of these persons is fraught with ethical problems — especially conflicts of interest and loss of attorney-client confidentiality.  
  • But potential related clients rarely expect such ethical problems to apply to their situation, even though these problems are far more common, for far more reasons than most clients anticipate.
  • Preventing these problems from arising by only meeting with and representing the Trustee can best avoid these problems, which are far easier addressed by avoiding them at the outset as opposed to trying to rectify them after they’ve arisen.
  • If counsel jointly represents multiple interested persons, informed written consent is needed to waive such conflicts.  See ACTEC, Model Engagement Letters.