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CalAttorney2, Attorney
Category: Estate Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I received a letter from my estranged (due to divorce)

Customer Question

I received a letter from my estranged (due to divorce) 19-year-old daughter's attorney on the pretense of helping my daughter with some planning. What this attorney is requesting from me seems like a huge invasion of my personal affairs which makes me very uncomfortable.The attorney is requesting all copies of my deceased parents Family Trust documents (now converted to my irrevocable trust - my sibling & I are Co-Trustees), which includes the original Family Trust, a Decedent's Trust, Survivor Trusts & my Trust, which was created when my last surviving parent died in 2008.The attorney is also requesting copies of all the trusts' assets account statements from the date my Mother passed away in 2004, & then again from my Father's trusts from the date he died, (which triggered the once revocable trusts to convert to new irrevocable trusts as they were created upon his death as my last surviving parent). Ultimately, the attorney is also asking for all additional statements for the last four years!Since this is a request, are there any ramifications should I deny the attorney’s request? Are there new laws/requirements for trusts pertaining to these requests? Any suggestions?Thanks...
Submitted: 9 months ago.
Category: Estate Law
Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

If your daughter is a beneficiary to the trust, and you are one of the two trustees, then she would have a right to certain accountings.

However, if she is not a beneficiary (and would only stand to inherit from the trust if the trust were changed to name her as a beneficiary or if you named her in your own will or trust), then she has no right to any such documents.

(Here is an article written primarily for trust beneficiaries in Texas that discusses what is required and how these disclosures need to be made, I understand you are on the other side of these disclosures, but the article is very well written and you should get a good idea of what is acceptable, and what is not from it:

The biggest factor for you is determining whether or not your daughter is an actual beneficiary of the trust - if she is, then she has rights to information on the trust, if she is not, she does not have any rights to this information.

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