Legal Question in Wills and Trusts in Arizona
My stepdad recently passed away. My mother and he had a revocable trust. In the trust he did not list who he wanted to give his posessions to. He has 4 children, my mother has given them the items he had before they were married. That was decided before he died. They are now wanting more items and they also want a copy of the trust. The items they want were purchased while he and my mom were married. Do they have a right to more items and a copy of the trust? Thank you.
1 Answer from Attorneys
The other children have no claim to additional property if there is no provision in your step-father's Will or controlling provision in the trust agreement. The trust agreement is the controlling document with regard to all property transferred to the trust and owned by the trust. Quite often, the parties to the trust fail to properly transfer all of their assets into the trust, and thus, it is necessary for them to have a Will which provides that all property not specifically devised to another person is to be added to the trust assets and administered according to the terms of the trust.
The answer to your questions depends upon the specific terms of the trust and particularly, whether the trust is now irrevocable, because one of the parties who created the trust has passed away. If the trust is now irrevocable, then the other 4 children, if now deemed to be qualified beneficiaries, have more rights, such as the right to see the trust agreement.
You/your mother should consult with a capable attorney to determine what her rights, duties and responsibilities may be, now that her husband has passed. It is very important that she know how to handle the trust administration, now that she has the "other 4" looking over her shoulder and trying to get something more.
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