Estate Law Questions? Ask an Estate Lawyer.
Hello there -
You have already made a request to the probate court to force disclosure of this binder document and the court refused to assist because it is a trust situation ?
Hello again --
The bank will not do anything without a court order and because your wife was not an executor, it makes the situation difficult. What your wife needs to do at this point is sue the estate as a beneficiary for an accounting claiming that she is not and has not received her full portion of her inheritance as set forth by the decedent. At that point the court should at least look into the trust issue privately to determine whether or not there is anything there that your wife might be entitled to. Unfortunately, to do this you will have to hire an estate lawyer and file a motion for an accounting on the estate and a claim to her full inheritance as a beneficiary (she must claim she is being deliberately short changed by the estate). I wish I could give you an easier way to do this, but there is no other way unless her aunt will give up the information. In the face of a full lawsuit against the estate, she just might enter into a settlement agreement with your wife which includes full disclosure on the trust.
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