Disclosure of Will

[jnkbell]

What is the name of your state (only U.S. law)? Texas
The following all took place in California.
In 2007 my wife's parents set up a living trust, and a will. The only siblings are my wife, and her brother, who moved to Australia early 1980. Because of many reason's, her parents made no provisions for her brother, writing him out of the trust and any assets.

After making the trust, we helped them fund it, and in the few years to follow their health began to decline. We cared for them, took care of all their affairs, later moving both of them into asst living. Her dad passed in 2010, her mom in 2013. In communicating with her brother about their passing, he had an idea he was written out, but asked, and my wife told him that was correct.

Now two years later, he feels he's entitled to some of their assets, and wants to contest it. He emailed threatening legal action. Since getting involved in theirs lives we kept everything on the up and up, invested their money wisely - and legally, nothing shady or unethical. We have nothing to hide.

He is now challenging what she has told him, and is demanding proof. I would like to know if we are required by law to produce a copy of the trust and will for him, or is that something he will have to hire an attorney for and go through the legal system and get by a subpoena or court order or something. I do know he can't see any financial info with out a judge's order, but not sure about the trust.

 

[anteater]

Who is the successor trustee?

Was the will submitted for probate?

Is there some reason why your wife does not wish to just send him a copy of the documents?

 

[jnkbell]

Disclosure of trust

Who is the successor trustee?

Was the will submitted for probate?

Is there some reason why your wife does not wish to just send him a copy of the documents?

Her mom was successor trustee but was completely incapacitated (legally deemed by doctors), so my wife became successor trustee. Her dad actually resigned as trustee, and attorney in fact, while still here, and appointed my wife as successor trustee. All documents and amendments were done through an attorney.

Because of the living trust and the amount of money, the estate was not subject to probate.

Because of the strained relationship between my wife and her brother, him attempting through the years to be overpowering and manipulative, without going into details, she would just rather not capitulate to his demands if not legally required, but will if legally required.

 

[anteater]

If the will was not submitted for probate, then there is no requirement to disclose.

Assuming the trust is governed by California law:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16060-16069


ADDED DUE TO INTERRUPTION WHILE REPLYING:

16061.5. (a) A trustee shall provide a true and complete copy of
the terms of the irrevocable trust, or irrevocable portion of the
trust, to each of the following:
(1) Any beneficiary of the trust who requests it, and to any heir
of a deceased settlor who requests it, when a revocable trust or any
portion of a revocable trust becomes irrevocable because of the death
of one or more of the settlors of the trust, when a power of
appointment is effective or lapses upon the death of a settlor under
the circumstances described in paragraph (3) of subdivision (a) of
Section 16061.7, or because, by the express terms of the trust, the
trust becomes irrevocable within one year of the death of a settlor
because of a contingency related to the death of one or more of the
settlors of the trust.

 

[jnkbell]

Disclosure of trust

If the will was not submitted for probate, then there is no requirement to disclose.

Assuming the trust is governed by California law:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16060-16069


ADDED DUE TO INTERRUPTION WHILE REPLYING:

If I may, I'd like to quote the exact wording in the trust and will

Trust - after list the children
"1.6 No provision for (name). The settlors intentionally make no provision in this trust for their son, (name), or for the issue of (name), and direct that neither (name) nor his issue shall take anything by way of this trust"

Will - item six
"I have intentionally omitted to provide in this Will for my son, (name), or any of his issue.

All this would lead me to believe he is not actually a beneficiary of the trust as described in 16061.5 - does the word "heir" apply as a surviving son though he is not a beneficiary?

 

[anteater]

Yes. Generally speaking, those who would stand to inherit if the testamentary document were invalidated are entitled to see the document.

It's up to your wife, of course. But sending a copy of the documents now may put a end to the brother's curiosity. Not doing so may make him an even greater nuisance.

 

[jnkbell]

Disclosure of trust

Yes. Generally speaking, those who would stand to inherit if the testamentary document were invalidated are entitled to see the document.

It's up to your wife, of course. But sending a copy of the documents now may put a end to the brother's curiosity. Not doing so may make him an even greater nuisance.

Makes sense - in full agreement here. Thanks so much for your advice - extremely helpful.

 

[jnkbell]

Disclosure of trust

Makes sense - in full agreement here. Thanks so much for your advice - extremely helpful.

We do have one more question, if you would.

We send all the documents to my wife's brother as he requests. Lets assume all documents are found to be correct and true, and he indeed has no legal right to any of the assets, but he decides to take legal action anyways. Can we go about this in a way that would require him to pay our legal fees also in the case he loses? Is that something we can do, or would it be a counter suit?
Thanks

 

[anteater]

If it comes to legal proceedings, your wife could always argue that brother's challenges were frivolous and he should pick up the trust's legal fees.

I doubt that she would succeed, but she could give it a try.