Living Trusts in the Unauthorized Practice of Law: A Good Thing Gone Bad

Abstract

An elderly man recently lost his wife and visits the lawyer's office for assistance in the administration of her estate. After the attorney expresses her condolences, she asks if his wife had a will. The client reaches into a brown shopping bag and retrieves a two-and-a-half inch black binder containing several trusts. The elderly gentleman and his deceased wife were told this would eliminate the expensive legal nightmare of probate. Unfortunately, like many others, this couple was victimized by a trust mill.

Keywords: unauthorized practice of law, UPL, living trust, trust mill, probate, professional responsibility, estate taxation, elder law