Legal Question in Wills and Trusts in Georgia

My husband of 30 years died recently, leaving a will and a trust. We lived in Georgia. The will left his possessions to me, although I will certainly give his children things such as his family items. The trust states his children get a certain percentage of the trust now and all of it after I die. The trust is funded by his life insurance policy - his IRA and investment funds stated I was beneficiary and the home was in my name. His children's lawyer sent a letter asking that I disclose all info pertaining to my finances as well as my late husbands to help them understand how the Trust is funded. I have been advised to give them this information, as well as documentation of such. I am uncomfortable with this. Sadly, these people bear me ill will and have always been contentious. Can the requested info make me vulnerable?


Asked on 8/11/16, 11:48 am

1 Answer from Attorneys
Rachel Hunter

You indicate you have been "advised" to release information. By whom? An attorney? Your attorney? No attorney here knows if information that is disclosed will make you vulnerable as no attorney here has seen the information. I have questions as to how the trust was funded too if you were named as the designated beneficiary. Or have I misread the post indicating life insurance goes to trust and IRA/investments go to you? Why were you advised to turn over information? I can see that disclosure of information may alleviate a lot of mistrust and suspicion and avoid a lawsuit. But on the other hand, it might create a lawsuit if the children believe that you were made the beneficiary of a significant share of the assets because of fraud or undue influence. I don't know. However, I suggest that you lawyer up and go consult a probate/trust litigation attorney and pay him or her to review the documentation and decide what can or should be released. If nothing else, perhaps your lawyer can communicate with any lawyer hired by the children.

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Answered on 8/11/16, 8:45 pm


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