Lawyer Insisting Trust Protector Is Required

Location: NJ, US

I'm helping my parents navigate the creation of a Grantor Irrevocable Trust with a lawyer. We were reviewing the draft he sent over and get to the section about the Trust Protector. He had written himself in as the TP and his firm as the backup TP.

The TP is written with broad powers, including the ability to revise the Trust or replace the Trustees.

Our research keeps showing that while a TP is recommend and recognized, it's potentially a conflict of interest for the lawyer who draws up the Trust to also be the TP. Our research also suggests the lawyer should have discussed this role and it's considerations with us ahead of drawing up the draft. That didn't happen.

Given the broad powers it seems this should be someone the family has known a very long time and trusts completely. It shouldn't be a lawyer we only just met a few months ago.

The problem is everyone we trust that much either potentially benefits from the Trust thus is ineligible to be TP or is very old and very sick, thus not a great choice.

We tried to explain this to the lawyer and he insisted the TP was required. We checked again and everything we find says recommended, but not required.

I think we have a bad lawyer and possibly an unscrupulous firm. He is a junior lawyer in this firm, and we went with this firm because of a very vague connection to one of the senior partners.

We think it is time to speak with the senior partner, or get a 2nd opinion from another firm. Working on both. Would love to hear other suggestions and to hear whether anyone has experience with Trust Protector requirements and powers. Especially as they pertain to NJ.