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I'm the trustee of my mother's trust. When I was with the…

I'm the trustee of...

I'm the trustee of my mother's trust. When I was with the other beneficiaries at the Memorial Service shortly after my mother's death, in an effort to be forthcoming, I blurted out what I thought they would receive, roughly. But besides the fact that of course I haven't paid all the expenses and lliquidated all the assets yet, I hadn't looked at the Trust doc in years, if ever. I was going from memory, and when I dug out the file, it turns out that what I was using to quote them their rough bequests was an earlier version of the Trust which my mother subsequently changed, in which she drastically reduced their shares from what I'd told them and increasing mine. About 8 years ago, soon after creating the last version, my mother moved and got a new lawyer who I'm using now to help me administer the Trust pursuant to my mother's death. She has asked to see whatever Trust docs I have including older Trusts. Here's my question: I'm tempted not to show her the older Trust with the terms that I

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

Not yet, and I haven't finished my question.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, I just need to complete the question: I'm tempted not to show her the older trusts because the terms of the prior to the final version contains the terms that I stupidly quoted to the beneficiaries, and I don't want to put my attorney in the position of knowing that and having to reveal it if she's asked because it supports the idea that what I quoted is correct and the latest signed version isn't.

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Answered in 4 minutes by:
1/17/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,037
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

,

I'm tempted not to show her the older trusts because the terms of the prior to the final version contains the terms that I stupidly quoted to the beneficiaries, and I don't want to put my attorney in the position of knowing that and having to reveal it if she's asked because it supports the idea that what I quoted is correct and the latest signed version isn't.

.

What you said verbally is not binding and is legally irrelevant.. it is the most current legally executed trust or Amendment that controls the disposition of any assets in the trust.

.

So giving the old void copy of the trust to the attorney doesn't affect anything at all because it is the newest valid trust and amendments that count..

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,037
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
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Customer reply replied 7 months ago
A quick follow up: wow, in view of your answer, what would you say about an attorney who, when she heard I'd blurted out the wrong terms, said it casts doubt on the terms of the Trust, even though we have a proper, legally executed document? Am I right to be worried that she didn't say right off the bat it doesn't matter what I said?

That means nothing... the documents control here... not any verbal comments made in the stressful environment of a funeral..

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