Saturday 24 January 2015

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...

Question

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.



Answer

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.



Answer

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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