Midfield, 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.

It's unclear from your question whether the proper jurisdiction is NY or TX. If the proper jurisdiction is Texas, then you can use Texas Probate Code 75 to compel the person with possession of the Will to turn it over to the probate court. You will need to consult with a local probate attorney to assist you in getting started with this.

It depends on what you want to accomplish and the complexity of your estate. For most couples, a will does the trick. If you have a more complicated estate, or you have issues of capacity, a trust may be preferable.