Legal Question in Wills and Trusts in New York
Contesting a Revocable Trust
My Father passed away last June. My Mother is still alive. They had set up a Revocable Trust with me as the Power of Attorney. My Brother & Sister have been written OUT of the will. My Brother is demanding to see the Will and the Trust. Does he have that right since my Mother is still alive and very healthy? Can he sue to see these documents and claim anything?
1 Answer from Attorneys
Re: Contesting a Revocable Trust
Your brother has no legal right to view these documents while your Mom is still alive.
Further, when your Mom passes he has no right to see the Trust. So, your Mom should/could transfer all her assets into the Trust thus avoding probate and retaining complete privacy over the disposition of her property. Check with the atty who set up the Trust.
FYI, you say you have a POA, this will not be valid once she passes. She should/could make you a co-Trustee or successor Trustee over the Trust.
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