One of the most common questions probate lawyers and estate planners are asked is: “Can a trustee be a beneficiary?” This is because naming a trustee who is also a beneficiary creates potential for conflicts of interest.
A surefire way for a trustee beneficiary to avoid personal liability arising from conflicts of interest is to have a trust and estate lawyer in their corner to provide guidance and support during trust administration.
Because the trustee’s lawyer does not represent the interests of trust beneficiaries, trust beneficiaries should also consider working with a trust lawyer, who will be able to assess whether the trustee and beneficiary conflict of interest is getting in the way of the trustee administering the trust fairly. If it is, the lawyer can help them litigate.
