Campbell, CA asked in Estate Planning for California

Q: Do estate lawyers need marriage licenses or birth certificates to setup a living trust?

My parents are setting up a living trust and they stated that the estate lawyer is requesting my marriage license and my children's birth certificates "establish family lineage". I feel that it is my parents just trying to see if my wife and I are actually married and if my name is on my children's birth certificates (the answer is yes to both). I want to make sure that I am not jus giving out my information and nothing comes out of it.

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2 Lawyer Answers
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: No, there’s absolutely no reason why an estate planning lawyer needs that kind of information from you.

Shawna Murray agrees with this answer

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: I somewhat agree with Mr. Berge, I can think of reasons to request some identifying information to avoid fraud. But you need to be aware that your PARENTS' attorney has no duty of confidentiality toward YOU, as you are not his clients. If you send him the info, he can turn it over to parents. Sounds like very controlling parents.

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