Opinion 22-98

Short-Form Opinion

June 30, 2022

Question:          You ask if you may serve as the trust protector of a supplemental needs trust for your fourth-degree relative by marriage.

Discussion:        We have previously advised that a full-time judge may serve as an executor under the will of relatives within the sixth degree of relationship, provided that such fiduciary activities do not interfere with performance of his/her judicial duties and do not constitute the practice of law, and need not formally seek permission to do so.

Accordingly, you may serve as the trust protector of a supplemental needs trust for your fourth-degree relative, provided such service does not interfere with your judicial duties and does not constitute the practice of law.

Enclosed:          Opinion 20-27.