Avoca, TX Estate Planning Law Firms & Lawyers

I don't think there's a cut-and-dry answer to your question, especially without more information. As the mother of his children, it's saddening that he is being secretive with regard to the trust. If the children are minors, as their legal guardian, you may be able to demand an accounting of the trust on your children's behalf. However, some trusts are written in such a way that the trustee does not have to provide an accounting at the beneficiaries' request. It just depends on the wording of the trust. I think you'll have a particularly difficult time if the trust is a Revocable Trust. If you think action needs to be taken to protect the rights of the children under the trust, then you should contact an attorney in your area to see if you can get some movement.

When a person dies, they no longer can give a power of attorney and any power of attorney they gave before their death terminates. What is likely needed at this point is a probate petition to have a personal representative of the estate appointed.

Usually Wills are lodged with the court. I would start my investigation by checking to see if the Will has been lodged with the Probate Court. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.