Sometimes, no matter how long we practice, we have to be reminded to get it right. While the concepts addressed in this article may to many estate practitioners seem so fundamental that they do not bear repeating, the harsh reality is that even the most competent, compassionate and ethical attorneys consistently get it wrong.
It is common for an attorney to act as both the draftsperson of a last will and testament and the attorney for the probate estate. In some instances, that attorney may also have been named the executor and/or trustee of a trust (either created by that will or an inter vivos trust which may have been created simultaneously as part of the overall estate plan). The failure to take into consideration the inherent conflict that exists when taking on these multiple roles can, and quite often does wreak havoc upon even the most competent of counsel.
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