A Question for my readers (and the blogging community at large)

I’m pretty sure there are some cases out there somewhere (Ohio and Florida maybe) on the below question but I can’t find them right now. Regarding the retitling of assets:

  • After you have done a revocable living trust for client, is there a requirement (implicit or otherwise) on the lawyer to insure that the trust is funded or mechanisms are in place to allow for it to be funded?
  • Further, if the trust is not funded when the client dies (leading to a larger probate estate than would have otherwise been necessary if the trust had been funded), is the attorney who drafted the trust liable for malpractice?
  • Please email any responses to michael@bonasera.org

    I’m curious as your thoughts from your own respective jurisdictions

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