[WSBAPT] Estate Planning/Divorce Discovery Issue

[Boaz Weintraub]

Dear Listmates:

I represent husband in a divorce. The wife transferred her separate
accounts which are substantial to a new financial institution. We have
subpoenaed the financial institution for all account statements related to
all account in the wife's name.

The wife's mother is 99 years old, incapacitated, and has substantial
accounts held in trust. The wife has power of attorney over the trust. We
don't know the extent of her powers, but she was able to execute a
promissory note for $2,000,000 on behalf of her mother's trust transferred
to the couple for estate planning purposes.

The wife now objects to the subpoena since it will produce her mother's
trust account statements that she is a signator on which she says is
irrelevant.

My question is can a trusts's account statements disclose the nature of a
trustee's legal interests in the trust, powers of attorney, or any other
legal interests that may be relevant to a divorce case?

Thanks very much in advance for any input.

Bo Weintraub
-- 
*Boaz "Bo" Weintraub*  | JD, LL.M.

Weintraub Law Office, PLLC

T *(425) 374-4045 <%28425%29%20374-4045>* |  F *(425) 274-7019
<%28425%29%20274-7019>*

www.weintraub-law.com  |  bw at weintraub-law.com

Bellevue Office: 14205 S.E. 36th Street, Suite 100, Bellevue, WA 98006

Bothell Office: 19125  Northcreek Parkway, Suite 120, Bothell,
Washington  98011

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