Q: Is the former trustee's attorney obligated to modify an order that contains mistakes?
The newly appointed trustee of my late mom's trust is unable to open a trust bank account because the order prepared by the attorney for the former trustee names the newly appointed trustee incorrectly (correct last name but incorrect first name) and the check is made out to the newly appointed trustee with the correct first and last name.
Because the name on the order and the check don't match, the bank isn't willing/able to open a new trust account. The attorney for the former trustee declined the request to modify the order to correct her mistake stating the new trustee can have an attorney modify the order.
It doesn't seem reasonable to force the trust or newly appointed trustee to incur fees to correct the error of the outgoing administrator's attorney.
Is there a way to compel the drafting attorney to make the correction?
A: This is unfortunate but it's probably cheaper to file for an amended order than it is to try to compel the other attorney to do it. I would just have the current trustee's attorney get it done. Beyond that, however, I would try multiple banks first. Usually there is a bank that will be friendly. I wouldn't explain the whole back story but rather just hand over the order and the check and explain a new trust account is needed. Good luck.
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