Legal Question in Wills and Trusts in California
My mother passed away and has a living trust that gives me 100% of the house leaving my brother out unless i am deceased then he receives it. She did not list the CD in the trust she just made me the sole beneficiary on the CD. Do I have to disclose that to my brother or is that seperate since it is not in the living trust.
2 Answers from Attorneys
Please accept my condolences.
You do not have a duty under the law to disclose to your brother the assets that you receive outside the trust.
Your duty to disclose the trust to your brother, as well as the duty of the trustee to provide accountings to him, will turn on the terms of the trust and your brother's rights under the trust document.
Consult with an attorney in person with a copy of all the relevant documents. Without reviewing all relevant documents, any answer to your question is pure speculation.
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