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fire47man

Junior Member
What is the name of your state (only U.S. law)? texas
My father-in-law recently passed away. Upon asking his wife about his will, she advised that he had a trust. My wife has also talked to her about this, she also told her of a trust and said that it is set up to stay there until her death. My father-in-laws wife seems to be avoiding showing my wife the trust, she also said that the trust is in both of their names. There is just something that doesn't seem right. What is there to keep from making her own will now and totally leaving my wife and her brother out of the estate.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


curb1

Senior Member
Without knowing more, your wife's mother is most likely the trustee of the trust. That trust is likely to be a revocable trust that doesn't become irrevocable until her death. She does not have any obligation to share the provisions of the trust at this time.

It sounds like there is more to this story. How is your communication with the mother-in-law.

There is nothing to keep mother-in-law from making a new will, or altering her trust and "leaving wife and her brother out of her estate". Her assets are hers to do as she wishes.

You might ask her who is the successor trustee of the trust. You should now learn as much as you can about revocable trusts. There will be work to do if you are involved after her death.
 
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fire47man

Junior Member
This is not my mother in law, this was his second marriage. His wife isn't my wifes mother. Is there anything she can do to request to see this trust. My father in law has made the statement that he was leaving my wife a certain amount of money, and other stuff but his wife is saying there is nothing about that, but isn't wanting to show the trust.
 

nextwife

Senior Member
If wife files intestate probate, that might force stepmom to produce the supposed trust. If it DOES exist, however, doing so may alienate her and impact what she does with any control of the trust she may have.
 

curb1

Senior Member
Wow, another second marriage problem. Most people do not realize the complications with second marriages until it is too late, often with devastating unintended results. It is also a weakness of trusts that are not well written. A remaining trustee can have power over assets that were never initially meant.
 

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